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LIBRARY

OF THE

UNIVERSITY OF CALIFORNIA.
Class ^^"^^

■i.^r

» I

THE GOVERNMENT
OF WYOMING

The History, Constitution and
Administration of Affairs

There are no points of the compass
on the chart of true patriotism,

WiNTHROP.

GRACE RAYMOND HEBARD

Librarian of the State University
of Wyoming

%%t dJai^Uakn; & Ha? Company

(incorporatbd)
PUBLISHERS

SAN FRANCISCO
1904

Grace Raymond Hehard

Jn 9^emot:; of

an
Jbeal €itt}tn

PREFACE.

The contents of Part II in this text-book are particularly
recommended to the teachers and pupils who are pre-
paring for an examination on the subject of the Govern-
ment of Wyoming. The different parts of the book may
be used as three separate text-books. While closely related
they are. not dependent one on the other. The interest
taken at this time in the Louisiana Purchase and the Lewis
and Qark Expedition warrants at least a passing notice
on account of their relation to the early history of Wyoming.
The Convention which formulated our Constitution is as
important as the legislatures that enact our laws, hence, it
should have its place. These facts and a brief mention of
the explorers and the territorial days form Part I. The
application of the laws and the operation of the governing
boards should be familiar to all of those who desire to
know what the governing principles are which regulate the
State's machinery; these constitute Part III.

The author wishes to express an appreciation of the as-
sistance received from those who have furnished data, sug-
gestions and illustrations and to those also, who have read
the manuscript and corrected proof.

The University of Wyoming,
Laramie, May 13, 1904.

CONTENTS.

PART I.
THE HISTORY OF WYOMING.

CHAPTER I.
Wyoming in the Territorial Growth of the United States, ii

CHAPTER II.
Chronology of Events that Led to the Occupation of the
Territory West of the Mississippi River i6

CHAPTER III.
The Making of Wyoming 27

CHAPTER IV.
The Louisiana Purchase 31

CHAPTER V.
Explorers 35

CHAPTER VI.
The Territory of Wyoming 42

CHAPTER VII.
From Territory to State 52

PART II.
THE CONSTITUTION OF WYOMING.

CHAPTER VIII.
The Formation of a Constitution 60

CHAPTER IX.

The Legislative Department 69

CHAPTER X.
The Executive Department 77

CHAPTER XL
The Judicial Department 83

CHAPTER XII.
Religion, Education and Franchise 91

CHAPTER XIII.
Treason, Impeachment, Bribery and Rights 99

CHAPTER XIV.
State Finances 103

CHAPTER XV.
State Officers 107

CHAPTER XVI.
State Lands, Water, Labor, Corporations, Militia and Pub-
lic Buildings 114

PART in.

THE ADMINISTRATION OF AFFAIRS IN WYOMING.

CHAPTER XVII.

The Administration of Justice 125

CHAPTER XVIII.
Elections 135

CHAPTER XIX.
Education and School Laws 144

CHAPTER XX.
Irrigation and Forest Reserves 155

CHAPTER XXI.
Government in the District, Town, City, County and State 164

CHAPTER XXII.
Government in the District, Town, City, County and State

(Continued) 176

APPENDIX A.
Constitution of the State of Wyoming 199

APPENDIX B.
State Buildings 238

APPENDIX C.
Governors of Wyoming 239

APPENDIX D.
The Supreme Court of Wyoming 240

APPENDIX E.
Delegates to Congress from Wyoming Territory ... .241

APPENDIX F.
State Elective Officers 242

PART I
THE HISTORY OF WYOMING

CHAPTER I.

Wyoming in the Territorial Growth of the United

States.

Wyoming occupies an unique position on the map of the
United States. It is the only State that contains lands ob-
tained from all four of our principal annexations which form
the territory west of the Mississippi river. The land cov-
ered by the original thirteen States included all of the States
east of the Mississippi river except Florida which was ceded
to us by Spain in 1819. Alaska was purchased from Rus-
sia in 1867. All of the States and territories between the
Mississippi and the Pacific Ocean were acquired under one
minor and four principal titles:

The Louisiana Purchase, 1803.

The Oregon Country, 1792, 1805, 181 1, 1819 and

1846.
Texas Annexation, 1845.
Mexican Cession, 1848.
Gadsden Purchase, 1853.

The first four of these contained lands that now make
up the State of Wyoming and deserve special mention be-
cause they are a part of the early history of the State.

The Gadsden Purchase, also known as the second Mexi-
can Cession, only embraces a small part of southern Ari-
zona and New Mexico.

The Mexican territory constitutes all of California, Ne-
vada, Utah and parts of Arizona, New Mexico, Colorado
and Wyofmng. (All of Sweetwater County, the south-
western part of Carbon and southern part of Uinta.)

The Texas Annexation includes all of the State of Texas
and parts of New Mexico, Colorado, Kansas, Oklahoma
and Wyoming. (Most of Carbon County and the south-
western part of Albany.)

12 THE GOVERNMENT OF WYOMING.

The Oregon Country which was acquired by discovery
in 1792, by exploration in 1805, by the Astoria Settlement
in 181 1, by the Florida Treaty in 1819 and by acknowledged
title by Great Britain in 1846, embraces all of Oregon,
Washington, and Idaho and parts of Montana and Wyom-
ing. (The northwestern part of Sweetwater County, the
western part of Fremont, and the northern part of Uinta
together with the southern part of the Yellowstone Park.)

The Louisiana Purchase from France comprises all of
the vast territory in Louisiana, Arkansas, Missouri, Iowa,
North and South Dakota, Nebraska, Kansas, Indian Ter-
ritory, Oklahoma and parts of Minnesota, Kansas, Colorado,
Montana and Wyoming, (All of Crook, Weston, Converse,
Laramie, Sheridan, Johnson, Natrona, Big Horn and part
of Albany, Carbon^ Fremont and the Yellowstone Park.)

The lands included in these eight different stages of ex-
pansion constitute all the territory owned by the United
States except Hawaii, which was acquired in 1898 and the
Islands obtained in the late Spanish War.

A more detailed account of the manner in which our
country was discovered and how we obtained title to the
region west of the Mississippi will be found in the following
tables. An effort has been made to trace step by step all
the transactions made to give Wyoming a clear "abstract
of title." All of the land in this unexplored West was com-
prised in the "Great American Desert'* inhabited by tribes
of unknown Indians and herds of wild buffalo. Title comes
to a country by the right of discovery, or exploration, by
conquest or war, by settlement or purchase or gift. Lands
first discovered have no need of conquest. They belong to
the discoverer by "right of discovery." If the land explored
has been discovered before and is in doubtful possession
title in the name of the country from where the explorers
came is made by conquest. The title is better secured by
a permanent settlement and a guarding of the possession

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THE HISTORY OF WYOMING. 15

against land seekers. When land is purchased it is presumed
that the contracting nation has a perfect title to the land
which passes to the purchaser. Lands within the bound-
aries of Wyoming have passed through all of these stages,
having been discovered and explored by the early trappers,
conquered from the Indians and purchased from France,
Mexico and Texas. The titled interests of Wyoming in a
measure begin with Columbus and end with the date of our
Statehood, July lo, 1890, or from the period when the west-
ern hemisphere was discovered to that time when we took
our place in the Union as one of the States with self-gov-
ernment and a separate Constitution.

CHAPTER II.

Chronology of Events that Led to the Occupation

OF the Territory West of the

Mississippi River.

SPANISH RULE.
(The following tables trace the possessors of the land, by the
different nations through their explorers and settlements, which
is now included within the boundaries of Wyoming. Had the
existence of this area been known and had there been settlers
thereon they would have been under the rule of the following
nations and their respective rulers. It must be remembered,
however, that Wyoming was not even explored; that it was a
vast unknown country, inhabited by savage tribes of Indians,
their very existence then being unknown to civilization.)

1479-1516. Ferdinand I of Aragon.
Isabella of Castile.

I.
The New World.

1492. Columbus makes the first voyage, discovers
Guanahani, Cuba and San Domingo. Takes pos-
session of Guanahani in the name of the King and
Queen of Spain.

1493. Bull of Demarcation by Pope Alexander VI. on
which Spain rested her claims to the New World.

1494. Columbus explores the southern coast of Cuba
and discovers Jamaica.

1499. Columbus reaches the northeastern corner of South
America and discovers the river Orinoco.

1502. Columbus coasts along the eastern shores of Cen-
tral America from Honduras to the Isthmus of
Panama, still in the belief that what he had dis-
covered belonged to the Asiatic mainland.

1513. Vasco Nunez de Balboa discovers the Pacific
ocean, called by him the Mar de Sur, or South
Sea.

1520. Fernando de Magalhaens penetrates from the At-
lantic into the Pacific ocean. America known to
1 be a Continent.

THE HISTORY OF WYOMING. 17

II.

Discovery of a Northern Continent. Exploration of the In-
terior.

Ferdinand /.
1613. Ponce de Leon discovers Florida by sailing
around the southern edge and traveling along the
western coast as far as Tampa Bay.

Charles /.
1517. Slavers reach the coast of Yucatan.
1519. Pineda discovers the mouth of the Mississippi.
1519-1521. Cortez conquers Mexico.

III.
Expeditions into the Interior of Mexico.

1528. Narvaez leads an expedition to the southern coast

of the United States. Cabeza de Vaca tells the

story of the "Seven Cities of Cibola."
1539. Friar Marcos penetrates beyond the desert of the

Pueblo region.
1540-1542. Coronado's expedition reaches the boundary

of Nebraska, through Colorado and the present

New Mexico.

Spanish Discovery of the Northwest.
(a) By the Coast Line.

1533. The exploration of Southern California is started
by Jimenez, who discovers the southern part of
the California peninsula. These explorations are
intermittently repeated with more or less success,
especially after 1750. Finally

1775. The expedition under Heceta reaches 49**, ex-
plores the shore and claims to have discovered
Columbia River. Another craft of the same ex-
pedition reaches 58®. The coast from 42** — 55**
is formally taken possession of for Spain.

(b) Inland Route,

1540-42. Expedition of Coronado, as already referred
to, was not surpassed for more than 200 years.

18 THE GOVERNMENT OF WYOMING.

The coast region, however, and parts of the in-
terior of California, Colorado, New Mexico and
the Northern portion of Texas were explored and
to some extent settled.
1776. The expedition of Escalante reaches Utah Lake
above 40°. The whole coast region up to 37** is
now occupied. Towns are founded, overland
routes established. In 1773 the region of Upper
California is parcelled out into government dis-
tricts. No further advance by land until 1800.

French Discovery of Mississippi Region.

1519. Beginning with the Spanish, Pineda discovers
the mouth of the Mississippi.

1539-43. De Soto's inland wanderings, contemporary
with those of Cartier.

1541-42. From not far from the mouth of the Arkansas,
the Spaniards make a long tour to the West, re-
turn to Mississippi and reach the Gulf. De Soto's
wanderings through the territory of Florida^
Georgia, Alabama, Arkansas, Texas and Louisi-
ana well established.

1670. Hudson Bay Company is formed and posts are
established in region adjoining the Bay. Also
French Company formed and in ensuing con-
tentions the forts change hands many times.

1673. Joliet and Pere Marquette cross over from Lake
Michigan to Wisconsin River down to the Mis-
sissippi and to the mouth of the Arkansas and the
northern limits of De Soto's wanderings. It is
decided that the Mississippi flows into the Gulf
and not into the Pacific.

1680. Hennepin is sent by La Salle down the Illinois
and from there up the Mississippi to 45® half way
across the Continent from East to West.

1682. La Salle descends Mississippi to the Gulf and
" erects a fort at the Mouth of the Ohio. Thus Mis-
sissippi valley is added to the domain of New
France.

THE HISTORY OF WYOMING. 19

1685. La Salle comes with a colony from France and
missing the mouth of the Mississippi is cast away
on Texan shore, where a fort is built and formal
possession is taken for France.

1609. Iberville and Bienville come and found permanent
settlement in Louisiana. In the north French
trappers range the country as far as and beyond
the Upper Mississippi visited by Hennepin.

1712. Crozat is given exclusive commercial privileges
in Louisiana.

1716. John Law's financial experiment.

1717. Crozat's monopoly fails.

1720. Bursting of the " Mississippi Bubble."
1727. The French explore to a point above the Kansas.
1731-43. Verendrye attempts to form a line of trading
posts across the Continent.

1742. Upper Missouri River ascended to region above
Yellowstone.

1743. The Verendryes reach base of the Rocky Moun-
tains in what is now Montana.

1755. England and France at war over boundary.
Seven Years' War results.

1762. Family compact between France and Spain.

1763. Transfer of territory after Seven Years' War gives

Spain (from France) city of New Orleans and
all territory between the Mississippi River and
the Rocky Mountains. France does not own an
inland acre of land in North America.

1800. Treaty of San Ildefonso transfers entire province
of Louisiana back to France.

1803. Louisiana Purchase for $15,000,000 includes all of
Louisiana, Arkansas, Missouri, Iowa, North and
South Dakota, Nebraska and parts of Montana, of
Minnesota, Colorado, Kansas, Wyoming, Okla-
homa and Indian Territory.

THE OREGON COUNTRY.
American Domain.

1792. Columbia River discovered by United States ex-
plorer Robert Gray from Boston.

20 THE GOVERNMENT OF WYOMING.

1805. Explorers Lewis and Clark travel up the Mis-
souri to its source. Go down Columbia River
to the Pacific Ocean.

1811. John Jacob Astor settlements on southern bank of
Columbia River.

1819. By the Florida Treaty Spain cedes to the United
States all claims she might have by earlier ex-
plorers to land embraced in Oregon, Idaho and
parts of Montana and Wyoming and lays no claim
north of 42® because of no definite historic evi-
dence of actual explorations or settlements.

1818. Contract between England and the United States
to reorganize this territory as neutral ground.
United States and Britain both claim the land
between California on the south to 42**, which was
owned by Mexico, and Alaska on the north, which
was owned by Russia, to 54® 40'.

1819. By terms of treaty United States claims land to
54® 40'.

1842. Boundary War agitation. " Fifty-four forty or
Fight'* cry.

1846. Compromise under President Tyler's adminis-
tration agrees on 49® parallel as the north boun-
dary of England. Had we forced our claim for
54® 40' we would have had complete mastery of
the Pacific Ocean and the settlement in 1903 of the
Canadian line would have been avoided.

Mexico.

1824. United States of Mexico organized into a repub-
lic, separating itself from Spain; President Vic-
toria; contains besides Mexico all of California,
Nevada, Utah and Texas, Arizona, and parts of
New Mexico, Colorado and Wyoming.

1833. Trouble between the United States and Mexico
over Texas, which Mexico refuses to sell.

1836. Texas severs its connection with Mexico.

1848. Treaty of Guadalupe-Hidalgo gives all of the
territory north of Mexico to the United States.
President Herrera in command. (Contains all
the original Republic of 1824 now in the United

WYO

Boundary lines of the Louisiana Purchase, the Mexican Cessi(

OBcnra.

jion, the Texas Annexation and Oregon Territory in Wyoming.

THE HISTORY OF WYOMING. 25*

States except Texas, which at this time includes
also part of New Mexico, Oklahoma, Kansas,
Colorado and Wyoming.)

Texas.

1836. Severs its connection with the Republic of Mex-
ico and has a separate government; includes ail
of the present Texas, part of New Mexico, Okla-
homa, Kansas, Colorado and Wyoming. " Lone
Star** State has a series of governors from Bur-
nett to Jones.

1845. Becomes a State of the United States with boun-^
daries as in 1836.

GOVERNMENTS OVER WYOMING.
Mexican Secession.

1519-1821. Spanish.

1821-1824. War of Independence.

1824-1848. Republic under different Presidents.

1848-1904. United States.

Texas Annexation.

1519-1821. Spanish.

1821-1836. Mexican.

1836-1845. Texas.

1845-1904. United States.

Oregon Country.

1792-1904. United States.

(No valid claim granted Spain.)

Louisiana Purchase.

1519-1763. French.

1763-1800. Spanish

1800-1803. French

1803-1904. United States.

THE GOVERNMENT OF WYOMING.

RULERS OVER WYOMING.
Spain.

Ferdinand and Isabella: 1479-1516.

Charles I: 1516-1556.

Philip II: 1556-1598.

Philip III: 1598-1621.

Philip IV: 1621-1665.

Charles II: 1665-1700.

Philip V: 1700-1746.

Ferdinand VI: 1746-1759.

Charles III: 1759-1788.

Charles IV: 1788-1808.

Ferdinand VII:

Joseph Bonaparte:

Ferdinand VII: . 1813-1833.

I 1808-1813.

France.

The Valois Line.

Francis I: 1515-1547.

Henry II: 1547-1559.

Francis II: 1559-1560.

Charles IX: 1560-1574.

Henry III: 1574-1589.

The Bourbon Line.

Henry IV: 1589-1610.

Louis XIII: 1610-1643.

Louis XIV: 1643-1715.

Louis XV: 1715-1774.

Louis XVI: 1774-1792.

The Republic 1792-1799.

The Consulate 1799-1804.

CHAPTER III.

The Making of Wyoming.

1803. Wyoming is included in the region of the Lou-
isiana Purchase under the governorship of Clai-
borne. (Wyoming.)

1804. Territory of Orleans formed with Lewis as Gov-
ernor, appointed by Jefferson, and all the rest of the
Louisiana Purchase is called the Territory of
Louisiana, having Clark for Governor. (Wyo-
ming.)

1805. Aaron Burr and partner Blennerhassett unsuc-
cessfully attempts to separate territory of Lou-
isiana Purchase from the Union.

1812-14. England unsuccessfully attempts to take the
Louisiana Purchase Territory and thus we saw
the last hostile foreigners to encroach on our soil.

1812. State of Louisiana formed and all the Louisiana
Territory is called Missouri Territory. (Wyo-
ming.)

1813. Clark made Governor of Missouri Territory.
(Wyoming.)

1854. Nebraska Territory formed from the northwest-
ern part of Louisiana Territory. This includes
the present boundaries of Nebraska, all of Mon-
tana east of the Rocky Mountains, North and
South Dakota west of the Missouri River and all
of Wyoming that was in the Louisiana Purchase
and also that part of Wyoming included in the
Texas Purchase.

1861. Dakota Territory formed from Minnesota and
Nebraska Territory by taking from Nebraska the
portion west of the Missouri River (now a part of
North and South Dakota) and the part of Mon-
tana embraced in the Nebraska Territory. The
Dakota Territory comprises all of Wyoming in
the Louisiana Purchase north of the 43® line
drawn through the middle of the east and west
corners of Natrona and Fremont Counties. The
southeastern part of Wyoming then belongs to
Nebraska Territory.

28 THE GOVERNMENT OF WYOMING.

1848. Oregon Territory formed and comprises all of
Washington, Oregon, Idaho, the northwestern por-
tion of Montana and all that part of Wyoming
included in the 1819 Oregon country and the land
ceded to the United States in the Treaty of 1846
with England.

1853. Washington Territory formed from a part of
Oregon embracing a portion of Idaho and Mon-
tana, but not Wyoming.

1859. Oregon becomes a State and that portion of
Wyoming which was included in the Oregon Ter-
ritory since 1848 now becomes a part of the Wash-
ington Territory, which consists of all of the
original Oregon country not embraced in the
State of Oregon.

1863. Idaho becomes a Territory and is formed from
Washington, Dakota and Nebraska. Idaho em-
braces all of its present boundaries, all of Mon-
tana and all of Wyoming, not only the portion
contained in the Oregon Territory, but all of
the country in Wyoming embraced in the Dakota
and Nebraska Territories except the extreme
southwestern corner which had belonged to Utah
since 1850 and came to us by the Mexican Grant.
This Mexican Grant originally ran to a line nearly
corresponding to the western county line of
Carbon County. When Idaho Territory was
formed, however, this southwest area was reduced
until its eastern line corresponded with the east-
ern boundary of Uinta County, 33** of longitude,
and its northern boundary was the extended
southern boundary of the present Idaho, 42nd par-
allel.

1868. This southwestern Mexico territory is taken
from Utah when Wyoming becomes a Territory.

1850. Utah by the Guadalupe-Hidalgo treaty becomes
a Territory from Mexico. As such it includes the
southwest corner of Wyoming. This territory
is again reduced by the creation of the Idaho Ter-
ritory. Utah holds a small area until 1868, when
Wyoming becomes a Territory.

THE HISTORY OF WYOMING. 29

1845-1850. Texas owns a small portion of Wyoming,
practically all of Carbon County and a small por-
tion of the southwestern corner of Albany
County.

1850. Texas sells all the above portion of Wyoming
with other lands to our Government for
$10,000,000.00.

1854. This Texas land in Wyoming is again included
in the Nebraska Treaty, which is formed out of
the original Louisiana Territory or Missouri Ter-
ritory.

1864. When Montana Territory is created part of
Idaho is temporarily restored to Dakota. This
portion includes all of Wyoming, except Uinta
County and the southern half of Yellowstone
Park. Wyoming is now under the jurisdiction of
Dakota, Idaho and Utah and so remains until the
Territory is formed.

1868. Wyoming admitted as a Territory, the extreme
southwest corner of State, embracing about one-
third of Uinta County, coming from Utah. The
rest of the county is a part of Idaho and the
remainder of the State is taken from Dakota.

1890. Wyoming admitted as a State after having had
territorial government, embracing land from the
Gulf of Mexico to the Canadian line; from the
western banks of the Mississippi to the Pacific
Ocean and under rule of

1803, Louisiana.
1818, Missouri.
1845, Texas.
1848, Oregon.
1850, Utah.
1854, Nebraska.
1859, Washington.
1861, Dakota.

1863, Idaho.

1864, Dakota.
1868, Wyoming,

All territorial governments, except Texas.

I
30 THE GOVERNMENT OF WYOMING. I

State Boundaries.
Constitution of Wyoming, Section i. Article XL

The Boundaries of Wyoming; shall be as follows :

Commencing at the intersection of the twenty-seventh meridian of longitude west
of Washington with the forty-fifth degree of north latitude, and running thence west to
the thirty-fourth meridian of west longitude, thence south to the forty-first degree of
north latitude, thence east to the twenty seventh meridian of west longitude and thence
north to the place of beginning.

(The State boundaries are identical with those of the Territory admitted in 1868).

CHAPTER IV.

The Louisiana Purchase.

In 1763 Spain, by virtue of the "Family Compact" of 1762,
so known because the rulers of France and Spain agreed to
defend their domains against the whole world, took posses-
sion of Louisiana which had been in the hands of France
since the time of her earliest explorers. During 1795 we
entered into something of an indefinite sort of a treaty with
Spain to use the mouth of the Mississippi, the present New
Orleans, as a deposit for our products coming from all along
the Mississippi and which were to be exported. Spain pos-
sessed both banks of the river at its mouth and the western
shores to its source, while United States only possessed
the eastern banks and had no seaport. The river was a
highway to the market, and New Orleans was a port for the
output of the settlers. The denial of the free use of the
highway was a real injury to the frontier people. There
was but one desire of the American people and that was the
right to navigate untrammeled the river from its source to
its mouth, for there must be an outlet for the inland pro-
ducts. This treaty of 1795 was only a temporary arrange-
ment and at its best most uncertain. Rumors of war, of a
desire to take the mouth of the Mississippi by force, of the
discontent as to a condition which hindered the growth and
prosperity of all those who were dependent upon the navi-
gation of the Mississippi to get their goods to the sea, caused
the United States authorities at Washington much anxiety.
Great care and diplomacy must be used to bring about the
desired result, to meet the demands of the justly restless
farmers and producers. These people were demanding for
their allegiance to the United States protection from the
United States. The Government had for some time realized
the importance of having a seaport at the mouth to export
the products in order that the result of the laborers in
the Mississippi valley might be profitable.

:32 THE GOVERNMENT OF WYOMING.

France was dismayed at the privilege granted by Spain
in 1795. Napoleon saw a possibility of regaining the lost
New France. He had a desire to limit our western progress
■and confine our possessions to the Eastern shores of the
Mississippi. Spain, however, did not have the power to
T)ind us to the proposed boundaries and transferred all of
Louisiana to France on October i, 1800, by a secret treaty
which gave back to France all of the Territory which she
•ceded to Spain in 1763. Vague rumors circulated as to
this unknown real estate transfer making the Mississippi
settlers restless and determined to fight. Our experience
^ith France on the high seas had been of such a nature as
to make this move far from reassuring.

During the John Adams administration an envoy was
tsent to France to adjust the difficulty. An interview with
the French authorities would not be granted unless we paid
■a stipulated sum. This was refused when our envoy, Pinck-
ney, made the famous remark, "Millions for defense but not
•one cent for tribute."

In 1802 Spain closed the mouth of the "father of waters"
to our products and this virtually stopped the navigation
•of the river by the citizens of the United States. President
Jefferson and the administration tried to plan ways and
means by which the difficulty could be overcome and Jeffer-
son asked Congress to appropriate $2,000,000 to be given to
France for New Orleans and West Florida which would
■carry with it our right to navigate the entire length of the
Mississippi. Robert R. Livingston, one of the five to draft
our Constitution, was at this time our Minister to France.
James Monroe in the early spring of 1803 was sent to Paris
as a special envoy to assist in the purchase of New Orleans.

Napoleon Bonaparte, First Consul of the Republic of
France, had at this time involved all Europe in war. He was
in desperate straits for money ; he was in much urgent need
of replenishing his depleted purse not only to carry on the
wars already begun but to prepare for the threatened war

THE HISTORY OF WYOMING. 33

with England, France's old enemy, who had been watching
Napoleon's unparalled success with envious eyes. In any
event he could hardly expect to hold Louisiana, a posses-
sion at so great a distance from the Mother Country. Barbe
Marbois was not only the Minister of the Treasury of the
Republic of France but was the confidential and trusted
councilor of Napoleon and was selected by him as a pleni-
potentiary for this sale. These four statesmen, two of whom
had taken part in our struggle for Independence and two of
whom were decidedly conspicuous in the movements of the
French Revolution, perfected an agreement by which all of
Louisiana was to be added to the United States.

We only asked for New Orleans and the mouth of the
Mississippi. The surprise came when Napoleon said: "I
renounce Louisiana. It is not only New Orleans that I will
cede. It is the whole country without reserve."

The price was $15,000,000 and the Treaty was signed
April 30, 1803. This was ratified by Congress November
3, 1803, and the purchase made December 17, 1803, when
Livingston remarked, "We have lived long but this is the
noblest work of our lives."

In round numbers we obtained 1,037,735 square miles, or
about 664,150,000 acres, at two and one-fifth cents an acre.
For a sum less than the amount which has been appropriated
to properly celebrate the hundredth anniversary of this event
at St. Louis,* a territory was added to the United States
which now comprises twelve of our States and two of our
Territories, and which moreover occupies one third of the
area of the United States and contains one fifth of the peo-
ple of America. The purchase gave us the control of the
Mississippi and its tributaries, and it gave us a commercial
highway. It more properly might be called the acquisition
of both the Mississippi and the Missouri rivers, as it in-
cludes the entire length of the Missouri to its head waters

♦The Exposition at St. Louis to celebrate this purchase cost $50,000,000.00— more
than three times the purchase price.

34 THE GOVERNMENT OF WYOMING.

in the Rocky Mountains. To emphasize the value of this
tremendous acquisition of land it is worth while stating that
at the present time the wool products alone of the States
made out of the Louisiana Purchase would pay the purchase
price. The corn in Iowa would pay the price six times over.
The wheat fields in this territory are greater than half of all
those in our land and their products would buy Louisiana
a hundred times.

Technically France did not occupy Louisiana at the time
of the purchase. The transfer from Spain by the Treaty of
October i, 1800, called the St. Ildefonso treaty, had never
been made. France did not occupy the province she had
sold. The formality of surrender and delivery from Spain
to France had to be accomplished before France could dis-
pose of the land to the United States.

November 30, 1803, with proper ceremonies the yellow
and red flag of Spain was lowered at New Orleans and the
keys of the Island turned over to the French Representative
who in the name of France raised the tri-colors of that
country. December 20, 1803, the tri-colors descended as
had the Spanish colors twenty days before and the Stars
and Stripes ascended and the reign of France on American
soil came to an end. Within the space of three weeks Spain,
France and the United States each had owned Louisiana, a
stretch of land embracing the territory covered by Arkansas,
Iowa, Nebraska, North and South Dakota, Minnesota and
Indian Territory; parts of Colorado, Kansas, Louisiana,
Montana, Minnesota and Wyoming and the Territory of
Oklahoma containing today a taxable wealth of $6,616,-
642,829, an area larger than the combined area of Great
Britain, Germany, France, Spain, Portugal and Italy and
equal to two thirds of the territory covered by the original
thirteen States. It has been said this act was by far the
greatest work of our people during the years intervening
between the adoption of the Constitution , and the outbreak
of the Civil War.

CHAPTER V.

Explorers.

Several years before the appropriation was made by Con-
gress for this purchase of New Orleans, Jefferson, while
Secretary of State in 1792, had in mind the sending of an
exploring party to navigate the Missouri River to its source.
He had a desire to extend the commercial relation with the
Indian and to obtain some of the benefits of the region
which was monopolized by traders from Canada and Brit-
ish America. He and his private secretary, Meriweather
Lewis, had talked the matter over before the Louisiana
Purchase and when he became President he strongly recom-
mended in his message to Congress in January, 1803, that
an expedition be sent into the unknown Northwest. Con-
gress supported him and his instructions were drafted and
plans formulated for the trip June 20, 1803, which was
some days before the Paris Treaty reached Washington,
(July 14, 1803). Lewis was appointed by Jefferson to
lead the party and he in turn chose Captain William Clark
to be his associate. The entire party consisted of the two
leaders, whose names have been historically inseparable, and
forty-four assistants. They started from a point near New
Orleans May 14, 1804, and returned to St. Louis Septem-
ber, 1806, having broken a path for civilization which is
unparalled in the history of modern or ancient times. On
the route they encountered trappers from the south and the
Hudson Bay Company men from the north and Indians
over a good part of the journey. Then a time came when
even these were not seen and for months they explored
north and west towards the Rocky Mountains, where the
native animals were their only enemies. The leaders were
fortunate in securing the services of an Indian squaw, Saca-
jawea, of the Shoshone tribe who had been captured when a
child and was now the wife of a worthless French trapper.

36 THE GOVERNMENT OF WYOMING.

She acted as their guide. It is questionable if without her
aid and knowledge of the country the expedition could have
been successful. While this expedition at no time traveled
over any of the country now occupied by Wyoming, the
explorers came within forty miles of the northwest corner
of the state and heard of the wonders of the Yellowstone
Park. The line traveled was up the Mississippi to St. Louis,
across the middle of the present state of Missouri, north
on the Missouri to Sioux City, Iowa, west and north on the
northern boundaries of Nebraska, north through the middle
of South Dakota, north to Bismark, North Dakota, and then
northwest still following the Missouri river into Montana,
going south from Fort Benton in the northwestern part of
Montana to within fifty-six miles of the northwest corner
of Wyoming, thence south and west where they crossed the
Rocky Mountains at a point between Montana and Idaho
now known as the Lewis and Clarke Pass,* then directly
north to Fort Missouri, crossing the Bitter Root Moun-
tains and west to Lewiston on the boundary between Idaho
and Washington, down Snake River to where it joins the
Columbia river and on down the river to the Pacific Ocean,
having crossed the continent and reached the end of their
western exploration, which gave to us (November 15, 1805)
the territory now covered by Oregon, Washington, Idaho,
and a part of Wyoming. Here they stayed until the next
spring. The return home was over practically the same
country to Fort Missoula in Montana between Bitter Root
and the Rocky Mountains, when Clark went south
to Clarke's Pass and through the Rocky Mountains, at a
point just east of Bitter Root Forest Reserve. This point
is about sixty miles north of the place in the mountains
where they crossed when going west. From here the route
was north and east to Bozeman about forty-eight miles

*Tbe family name appears as Clark, but the places named for the explorer are
spelled Clarke.

THE HISTORY OF WYOMING. 37

north of the northern boundary of Wyoming. Clark found
the Yellowstone river at a point near Livingston (named
after Robert Livingston) and following this east and north
struck the Missouri river near Fort Buford at which place
Lewis joined him. From Fort Missoula, where Clark
went south, Lewis went north and east and crossed the
Rocky Mountains about one hundred and forty miles north
of the Lewis and Clarke Pass and eighty miles north of
Clarke's Pass, then on to the Missouri river to Fort Buford
just east of the Montana line where Clark joined him and
together they returned to St. Louis having been gone two
years and four months.*

On Lewis' return President Jefferson made him Governor
of Louisiana, and in 1813, when the Missouri Territory
was created out of that portion of the Louisiana Purchase
not included in the State of Louisiana, Clark was made
territorial Governor of that wonderful northwestern coun-
try in which was situated all the land now embraced in the
State of Wyoming. Lewis and Qark opened a new coun-
try and blazed a path for Western progress. In the north-
western part of the State of Wyoming we have a lake named
for Lewis and a town and stream named for Clark. From
this time on we have more or less authentic information
as to the settlers and traders in Wyoming. There are many
unsubstantiated reports of the expeditions made into Wyom-
ing across our southern boundary line by early Spaniards.
We have discovered no written records of these explorations
although many stone and iron implements have been found
in the various counties. This indicates beyond a possible
doubt that Wyoming was visited by daring adventurers be-

♦Jeflferson instructed Lewis and Clark to observe carefully the country over which
th^ passed and to collect all specimens possible of a botanical and zoological nature
and to keep a journal or diary and to make maps of the expedition as they traveled.
These instructions were carefully executed and most of the oricinal records are now
in the possession of the American Philosophical Society of Philadelphia. In 1903 it was
found that a Mrs. Clark Voorhis of New York had received as an inheritance from
her father, who was the son of the explorer Clark, a portion of this manuscript.

Some of the collections made on the journey are still preserved.

38 THE GOVERNMENT OF WYOMING.

fore the time of Lewis and Clark. Who they were, how
they came, and when they left is a problem which may
never be solved. Our first authentic information as to
the early explorers commences with the French Canadian,
De la Verendrye, who explored in Wyoming as early as
1843 entering the State from Montana, coming down the
Shoshone River and southwest into Fremont county.

During the year of the Lewis and Clark expedition
Zebulon Pike explored into the northern part of Mis-
souri as far south as Mexico and into Colorado discovering
the famous Pike's Peak, bearing his name. John Colter
was with Lewis and Qark and left the party on its return
at Fort Mandan and in the fall and winter of 1806 trapped
in Wyoming on the streams of the Big Horn and Stinking
Water (now called Shoshone river by act of Wyoming legis-
lature of 1901). He crossed the Big Horn country into
Fremont, then west into Uinta and out of the State. He
crossed Teton Pass and then back into Wyoming, up Lewis
river into the Yellowstone Park and back to the point where
he entered the State. He carried to Clark wonderful tales,
which were not believed, of the marvellous Yellowstone
which he found in 1807. Colter is not only the discoverer
of the Yellowstone, but the first American to enter Wyom-
ing. Mr. Coutant in his History of Wyoming says there had
been other white men before Colter but they were not
Americans.

John Jacob Astor organized a company known as the
Pacific Fur Company and placed at its head Wilson P. Hunt
to conduct an expedition into the Rocky Mountains. In
August, 181 1,, they entered the northeastern part of the
State in Crook county, traversed the county from northeast
to southwest and to a point as far west as Buffalo in John-
son county from which they traveled further west and south
by xrossing the Big Horn Mountains, going up the Big
Horn river, then to the Wind river, through what is now the

. THE HISTORY OF WYOMING. 39

Wind river or Shoshone Indian Reservation, through Sher-
man Pass, sighted the three snowy peaks of the Grand Te-
ton Mountains, down Hobach river along Snake river and
thus crossed the State. From here Hunt and his party
pushed west to the mouth of the Columbia river and in 1812
reached Fort Astor which was built in March, 181 1, as a
trading post on the Pacific Ocean. Thus they opened a
way before used by no white man for our great American
fur trade. The Astor expedition added to our claim by right
of settlement to all of the Oregon territory, which the Eng-
lish did not acknowledge to be ours until 1846.

One of the Astor men, Robert Stuart, on his return from
the Pacific Coast to New York, in the summer and fall of
1 81 2, discovered South Pass, a gap in the Rocky Mountains
located in Fremont county, also the Sweetwater River. He
definitely located the source of North Platte river in the south-
ern part of Fremont county, being* the first to find a stream
whose water flowed toward the Mississippi river.

During December of this year he and his party traveled
along the North Platte to Nebraska and thus was the path
found for the Overland Trail through Wyoming over which
thousands upon thousands of explorers and settlers have
traveled on their way to the Pacific Ocean or to the States
west of Wyoming.

Lewis, Clark, Colter, Hunt, Stuart are all identified with
the early history of Wyoming. During the year 1822 Wil-
liam Ashley of St. Louis trapped extensively in Wyoming
on the streams in Big Horn county and in 1823 again re-
turned to Wyoming by the way of the North Platte river
and named the Sweetwater and Green rivers.

James Bridger, who built Fort Bridger in Uinta county,
and discovered Bridger Pass, was of this party. Many peo-
ple in our state know Mr. Bridger, who died in 1881. He
was born in Virginia in 1804 and came to Wyoming in 1822.
Ashley sold all of his interests in Wyoming in 1824 at the

40 THE GOVERNMENT OF WYOMING.

time when we were Missouri Territory and had not yet be-
come a part of Nebraska. Through his influence numer-
ous fur trappers and traders had been through our state
to its borders. The history of their lives is the History of
Wyoming. Mr. Coutant has made many interesting chap-
ters in his History of Wyoming on this subject. In 1828
William Sublette discovered Jackson Lake south of the
Yellowstone Park and named it Jackson Hole after his
friend David Jackson who was exploring at that time with
him. Captain Bonneville, whom Washington Irving has
aptly described, came to Wyoming in 1832 and was inter-
ested in the fur trade. Bonneville was an officer in the regu-
lar army and had instructions to observe the traits, customs
and modes of living of the Indians. Similar instructions were
given by the Government to Lewis and Clark when they ex-
plored in 1804-06. Captain Bonneville wandered up the North
Platte, the Green river, tRe Little Wind river, saw the Hot
Springs of Fort Washakie in Fremont county, climbed Mt.
Bonneville in the Wind River Range and finally left Wyom-
ing by the way of the Snake river on his way to Fort Astor.
He returned through Wyoming by way of Bear river, Ham's
Fork, Green river, Sweetwater and the Platte to Nebraska.

Kit Carson, the noted marksman, hunted in Wyoming in
1830 and with him the historic character, Jim Baker. In
1835 Samuel Parker and Marcus Whitman passed over the
State by the way of the Platte, Laramie and Sweetwater
rivers. They stopped at Independence Rock (on whose sides
one may read to-day the names of hundreds of pilgrims
who were on their western march) went through South
Pass, along Green river and out of the State to Walla Walla,
Washington.

In 1836 they returned to Wyoming again from the east
with their brides and on July 4, at South Pass, in the name
of the country took possession of the land which is now
Wyoming. From here they pushed on to Walla Walla.

THE HISTORY OF WYOMING. 41

Whitman's noted interest in the organization of Oregon
which at one time embraced a part of Wyoming, makes
his life and history worthy of more careful study. It was
he who recommended to the Government the establishment
of forts along some of our streams and through his influ-
ence Fort Laramie and Fort Bridger were purchased which
were then trading posts.

Father Peter De Smet traveled through and about Wyom-
ing in the early forties, fifties, sixties and seventies. * Fre-
mont explored in Wyoming during 1842. He visited Fort
Laramie, and here he addressed the Indians, crossed the
State in August, discovered Fremont's Peak near the west-
em line of the county bearing his name. He established the
necessity of some direct overland communication between
the Atlantic and Pacific. In 1843 ^^ again toured over
this country and has left valuable records of his explora-
tions.

Mr. Coutant in his History gives the following table of
our early settlers covering a period of one hundred years:

Verendrye 1743

Colter 1807

Hunt 1811

Stuart 1812

Bonneville 1832

Fremont 1842

Fremont 1843

CHAPTER VI.

The Territory of Wyoming.

These explorers encountered many difficulties and en-
dured many hardships. The Indians were not always friend-
ly ; there were many depredations and food was often scarce.
Advanced civilization never is able to pay its debt to the
explorer, the frontiersman and the pioneer, all of whom have
made present conditions possible. For the protection of
these pathfinders and earlier settlers the government es-
tablished forts and military posts. The earliest of these
is Fort Laramie on the North Platte river not far from the
Nebraska line. This post was named after Jacques La
Ramie, a French Canadian trapper, as was Laramie Peak,
Laramie county, Laramie, Laramie river and Laramie
Plains. His record dates as far back as 1820. At this place
we have the first settlement in the State. This fort was a
trading post and the fur business of the State for years cen-
tered around this locality. The fort was first built in 1834
and passed afterwards into the hands of the American Fur
Company who rebuilt it in 1836 of adobes or sun-dried
bricks. The Government in 1849 purchased the fortress as
one of a series of forts along the Overland Trail, which
were located to protect the settlers but more particularly
to guard the lives of the immigrants seeking western homes.
For this same reason Fort Fetterman was established near
Douglas and Fort Casper. By this overland route through
Wyoming thousands of immigrants went to Oregon, the
"Forty-niners" to the gold fields of California and the Mor-
mons to Utah. The Mormons took the Overland Trail
through South Pass and from there went south into Sweet-
water county, reached Fort Bridger in Uinta county and
thence west into their land of promise. This Overland
Trail was changed in 181 2 entering Wyoming on the south
near Virginia Dale, went across the Laramie Plains west to

THE HISTORY OF WYOMING. 43

a point south of Rawlins, Rock Springs, Granger, Fort
Bridger, Evanston (called Bear River Station) out of the
State. The trail made by the stages can yet be traced when
traveling over our prairies.

Freighting over this great Overland highway became
quite extensive in 1856 through the protective measures
which the Government had established in the military posts.
This was followed by the Pony Express and a regularly es-
tablished stage route. It took twenty days to make the
journey from St. Joseph, Missouri, to Salt Lake City, Utah.
These posts were used as stopping stations when changes
of horses were made and necessary repairs. A telegraph
line from Omaha to California going through Wyoming
over the Overland Trail was completed in 1861 and we
were thus put into close touch with the outside world. The
years 1865, '66, '67 were filled with bloody Indian wars and
thrilling massacres.

The Union Pacific Railroad Company commenced to cross
the State in 1867 and rapidly pushed west over the southern
area. By an act of Congress for twenty miles on each side
of the railroad the odd numbered sections became the prop-
erty of the Union Pacific. There are no navigable rivers in
Wyoming giving us natural transportation facilities and in
this matter we are entirely dependent upon railroads. With
the coming of this sign of civilization we needed a fixed
form of government and we needed our public lands sur-
veyed and we needed different tribunals than the Vigilance
Committees. The people asked Congress in 1868 to admit
Wyoming as a Territory. It was proposed to call our State
the Territory of Lincoln and also the Territory of Cheyenne.
July 25, 1868, President Johnson signed his name to a bill
which made this the Territory of Wyoming. This name was
suggested by the people of Wyoming, having been previously
advocated by Fremont. The word Wyoming, which means
the "large plains," comes from the Delaware Indian name
Maughwauwama.

44 THE GOVERNMENT OF WYOMING.

The people living in our State thought a territorial gov-
ernment would better the lawless condition then in existence.
They agitated the question among themselves and sent Dr.
Herman Latham to Washington to represent them in the
matter. He presented a petition to Congress asking for a
territorial organization to be called Wyoming, setting forth
the facts and reasons which made this action both advisable
and necessary.

Many supporters were found for the measure and a bill
was introduced in Congress February 13, 1868, to create
a new territory. This bill was not passed until July 25,
1868.

The Territory of Wyoming was formed and we thus took
our first step towards Statehood.

Territorial officers were not given us until April 7, 1869.
Nominations for appointment were made by President John-
son but the Senate did not confirm them. Soon after Grant's
inauguration, however, the new appointments were made
and promptly confirmed by the Senate.

The Territory was organized May 19, 1869, and the first
election was held September 2, 1869, when our first legis-
lature was elected and our delegate to Congress. The au-
thority to send a delegate to represent Wyoming was the
opening wedge for full representation in the Senate and
House of Representatives twenty-one years after when in
1890 we became a State.

The boundary lines for the territory were the same as those
adapted when we became a state. The area embraced within
our borders is as great as New York, Pennsylvania and New
Jersey combined. The area is one and one-half times as
large as all of New England.

The development of the Territory was necessarily slow.
The Union Pacific in the early territorial days did not as-
sist in the development of the country along its line as had
been expected. Its chief purpose was to carry traffic to the

DICK WASHAXXE.

(Son of Chief Washakie.)

Arapahoe Indian.

FRANK MENICHE.
(Jack Babbit.)

Shoshone Indian.

THE HISTORY OF WYOMING. 46

Pacific Coast. There was little thought of permanent homes
and their existence in Wyoming was only temporary. Chey-
enne had but one house on July 5, 1867; all living places
were confined to tents and shanties. It was the terminus
of the Union Pacific Railway for the winter and a large
floating population moved west with the railroad. In 1868
Laramie had its first building. From here this mixed popu-
lation, consisting of a very undesirable class of people, moved
further west with the progressing railroad and finally out of
the State.

The Indian question was a constant hindrance and draw-
back to the settlement of the territory. The "redman" waged
continual war against the settlers and yielded to advanced
civilization very . stubbornly. Fort Phil Kearney was es-
tablished on July 15, 1866, in Johnson county, just south of
the boundary of Sheridan county. The Indians did not
want an encroachment in that part of the country and in
December of that year killed eighty-one people connected
with this locality. The fort was abandoned in 1868.

Wyoming was a center for hunting buffalo and animals
valuable for their furs. A treaty made at Fort Bridger with
the Government in 1868 contained terms by which the Sho-
shone and Bannock Indians were given a tract of land called
the Wind River Reservation situated in Fremont county
covering an area of 1,520,000 acres and occupying one of the
most .fertile spots in the State. The Bannocks did not stay
long on the territory and in 1872 the Arapahoes were trans-
ferred from the Red Cloud Sioux Reservation to the Reser-
vation in this State and the two tribes though originally
not friendly have lived on this same tract since that time.
This tract was for a long time the great annual hunting
ground for the Sioux, Cheyennes, Arapahoes and the Crows.
This land was closed against the actual settler. The Indians,
while keeping the prospectors and settlers from their special
locality came down to the southern part of the State steal-

46 THE GOVERNMENT OF WYOMING.

ing cattle and killing the white men. Governor Thayer as
late as 1875 in his message to the Fourth Territorial Assem-
bly urged that the Indians be compelled to stay on their
reservation and that the tribal relations be dissolved.

The treaty signed at Fort Bridger in 1868 was contracted
by a Commissioner on the part of the United States on the
one hand and Washakie and other chiefs for the Eastern
band of the Shoshone Indians and Tag-gee for the Bannock
tribe on the other. The treaty contained a pledge of peace,
an agreement by the Government to keep white man from
the reservation and if he destroyed the peace he was to be
punished; if the Indians committed the depredation the
chiefs pledged to have them arrested and tried before the
law. The Government agreed to erect a series of buildings
on the reservation and to give the Indians a physician, car-
penter, miller, engineer, farmer, blacksmith and teacher.
The Government appointed an agent who lived on the reser-
vation and directed and supervised the affairs and heard
all cases brought against the Indians for depredations. The
Indians agreed to make the reservation their permanent
homes but reserved the right to hunt on unoccupied lands of
the United States. Each head of a family was granted the
privilege of selecting land not to exceed 320 acres to be held
in his name for the exclusive possession of his family as long
as he continued to cultivate the tract. The Government re-
quired the Indians to compel their children between the ages
of six and sixteen years to attend school and for every thirty
children a Government teacher was provided. They were to
be clothed by the Government and seed and agricultural im-
plements were provided and in addition to this money was
granted to each one of the tribe for a period of thirty
years. Every roaming Indian was to receive $10.00; $20.00
were granted to the agricultural Indian.

The Government did not give them the money knowing
their ignorance of its value, and the impositions practiced on

THE HISTORY OF WYOMING. 47

them through this ignorance. In lieu of the money this
amount was spent by the Secretary of the Interior for ar-
ticles for the Indians as necessity demanded. The Shoshones
claimed to have occupied their present territory of the Wind
River Reservation on the land in the region between the
Snake and Big Horn rivers since 1781, when they finally
conquered the Crow Indians. This was a decade before we
made any claim to the land within the State. Our earliest title
dates with the discovery of the mouth of the Columbia river
in 1792 by Gray. The Shoshone chiefs ruling Wyoming
were contemporaneous with Washington of the United
States, Charles III of Spain, Louis XVI of France and
George III of England.

These Shoshone Indians were governed by the same chief,
Washakie, for over seventy years. He was the chief before
the Treaty of 1868 and remained continuously in the posi-
tion to his death on February 22, 1900. He was considered
the most intelligent Indian chief in North America. The
long continued peace which this tribe maintained can be
attributed to Washakie's skill, firmness and integrity. He
never broke a treaty and General Crook spoke in highest
terms of his work in the expedition against the Sioux when
he lost a favorite son in the contest. He was the last chief
of his tribe. The Arapahoes also have no chief for the rea-
son that the Government now requires each tribe to elect a
council of six to represent them in all matters.

The Indian is amenable to the white man's laws for acts
committed when off the reservation. For certain misde-
meanors and crimes against themselves they are tried be-
fore a court composed of their own people. The United
States courts have jurisdiction of all felonies committed by
them against the laws of the United States and their cases
are tried in the United States District Court, where they are
sentenced and punished in accordance with the United
States laws. The reservation is not a legal part of this

48 THE GOVERNMENT OF WYOMING.

State. Formerly the Indians used to trade land with whom-
soever they pleased. Since 1789 no one except the United
States has a legal right to deal with them. Their lands do
not belong to the Indian individual but to the entire tribe.
The tribe and the Federal Government make the land trans-
fers. These acts were commonly called treaties, now they
are known as contracts. President Johnson instituted this
reservation idea as a protection of the Indians. Previous to
1830 there was a north and south line drawn, east of which
the Indian could not locate, west of which the white man
could not settle, until gradually the Indians were pushed
further and further west. This forced some action on the
part of the government which was to allot to them certain
definite localities.

The Sioux surrendered to General Crook in 1877 and 1878
which stopped the depredations and brought peace to Wyo-
ming. Property and life being more secure, wealth and popu-
lation increased and there was a commencement of pros-
perity.

The first Governor of Wyoming was John A. Campbell
who was appointed by President Grant. He also filled the
office of Superintendent of Indian Affairs. As Governor
he organized the Territory, which was put in operation May
10, 1869, and called the first election for Delegate to Con-
gress* and for members of the Territorial Legislature. This
election was held September 2, 1869, and the Legislature
met in Cheyenne, October 12, of that year. He held the office
as Governor until January, 1875, having been appointed for
a second term.

At the first Legislative Assembly on December 10, 1869,
Woman Suffrage was inaugurated and the women of Wyom-
ing were granted this right by the following section :

Section 1. — Every woman of the age of twenty-one
years residing in this territory, may, at any election to

* Hon. Stephen F. Nuckolls.

THE HISTORY OF WYOMING. 49

be holden under the laws thereof, cast her vote. And
her rights of the election franchise and to hold office
shall be the same under the election laws of the Ter-
ritory as those of electors.

The section in the State Constitution on this subject reads :

(Section i, Article VI.)

The rights of citizens of the State of Wyoming to vote
and hold office shall not be denied or abridged on
account of sex. Both male and female citizens of this
State shall enjoy equally all civil, political and religious
rights and privileges.

Mrs. Esther Morris was the pioneer worker for Woman
Suffrage in this State. She herself held the position of Jus-
tice of the Peace. Women in the State at the present time
hold that office. During the first years of Territorial gov-
ernment women served on the jury. Five women served on
the Grand Jury in Laramie in March, 1870, and seven on the
Petit Jury. This is the first common law jury where woman
ever acted in the capacity as juror. This was under the ad-
ministration of Chief Judge Howe and this Grand Jury had
brought before it bills for consideration of murder cases,
cattle stealing and illegal branding. Women served for
three consecutive terms of court under Judge Howe when it
was decided under the law that women had no right to serve
as jurors. Most of the County Superintendents of Public
Schools in the State are women. One woman * has been
State Superintendent of Public Instruction since Statehood
and a number of women have served as trustees of the State
University.

No attempt after the second territorial legislature has ever
been made to repeal the law granting woman this right of
franchise. W^hen the subject came up for discussion at the
time of the adoption of the State Constitution, the Constitu-

• Miss Estelle Reel, now Superintendent of Indian School Service.

50 THE GOVERNMENT OF WYOMING.

tional Convention was practically unanimous for a continua-
tion of woman suffrage.

The territory commenced with four counties, Laramie,
Albany, Carbon and Carter, (afterwards Sweetwater) and
all extended from the southern to the northern boundaries of
the State. The seat of government of each of the four
counties was along the line of the Union Pacific. They were
created under the territorial jurisdiction of Dakota and were
in existence when Wyoming Territory was organized. In
1867 there were only two counties, Laramie and Carter.
Laramie embraced all of the eastern half of the state and
Sweetwater, or Carter, extended west to the present eastern
boundary of Uinta county and went from the northern to the
southern boundaries of the state. Uinta county was not
formed but was then a part of Idaho and Utah. There are
now thirteen counties in the. State organized as follows:

Counties. Original boundaries defined by Act
of Wyoming Legislature.*

Albany 1869

Big Horn 1890

(Authorized), 1896 (Organized.)

Carbon 1870

Converse 1888

Crook 1875

Fremont 1884

Johnson 1875

(Authorized as Pease county), 1879 (Or-
ganized as Johnson.)
Laramie 1869

♦Derivation of County names.

Albany named by a resident of Albany, N. Y., who served in the Dakota Legislature .

Big Horn, for the Big Horn or Rocky Mountain Sheep living in that locality.

Carbon, because of the coal found in the county.

Converse, for A. R. Converse a stockman of Cheyenne.

Crook, for General George Crook the Indian Scout.

Fremont, for General C. Fremont the explorer.

Johnson, for E. P. Johnson an Attomey-at-Law of Cheyenne.

Laramie, for Jacques La Ramie the French-Canadian trapper

THE HISTORY OF WYOMING. 61

*Natrona 1888

Sheridan 1888

Sweetwater 1869

Uinta 1869

Weston 1890

During the territorial days stock raising was the greatest
industry of Wyoming. The years of 1880 to 1882 were years
of wonderful prosperity for the stock interests. Many set-
tlers came to our State during these years and took up gov-
ernment land making their homes along our streams, and
fencing in their possessions. The large tracts of land for-
merly controlled but not owned by the "Cattle King" became
greatly reduced and with this limited domain and the worth-
lessness of land without direct communication to water the
stock interests declined, although to-day it is the leading in-
dustry of the State.

The population of Wyoming in 1870 was 9,118, in 1880 it
was more than double reaching 20,798, in 1890 at the time
of Statehood it had gained to 60,705 while in 1900 it had
reached 92,531. Of this number 75,116 were native born and
17,415 were of foreign birth; 58,184 were males, 34,347 fe-
males, 89,051 were white, 940 negroes, 461 Chinese, 393
Japanese and 1,686 Indians.

*Natrona, from the deposits of Natron or Soda.
Sheridan, for General Phil Sheridan.

Sweetwater, for the taste of the water in the stream bearing this name.
Uinta, for the Uintah Indians.

Weston, for Dr. Weston who was instramental in bringing a railroad into that
section.

CHAPTER VII.
From Territory to State.

The inhabitants of Wyoming were anxious to pass from a
territorial form of government to that of self-government.
While a territory we did not have a voice in the selection of
our chief executive officers. The Governor, Secretary of
State, Chief Justice and the two Associate Justices, Attorney
and Marshal, were all appointed by the President of the
United States and the appointments had to be confirmed by
the Senate. These officers were not residents of the territory
and came to us as strangers with Httle or no knowledge of the
immediate needs of the people and when their term of office,
four years, expired, generally returned to their native States,
to have their place again taken by others who knew not the
necessities and problems confronting our citizens. These
officers, though worthy and able men, were not representa-
tives of the interests of the territory. We wished a govern-
ment "for the people, by the people, of the people." These
same "people" felt that their highest interests would be best
secured by "home rule," would be more speedily established,
if men who had cast their fortunes with Wyomi^ig and had
faith in her future were at the helm.

These "people" were willing to assume this important re-
sponsibility and take the aifairs of State into their own
hands. Another reason for the desired change was that we
had no voice in the making of the laws in Congress. We
sent a Territorial Delegate to Congress who was granted a
seat in the House of Representatives but was not permitted
to vote on any measure. We were obliged to obey the laws
made by the General Government and demanded a voice in
the formulation of them. We had no voice in the election
of our Chief Magistrate who sent officers to govern and rule
over us. We were under the supervision of Congress,
which at its will could annul any of our legislative acts and

THE HISTORY OF WYOMING. 53

there was no redress. Our alien Governors, if not in har-
mony with the people of the Territory, could veto any pro-
posed legislative measure of vital interest to the progress of
the State. We believed that laws should be enacted by those
only over whom they were to be put in force. We had no
United States Senator, no Representative in Congress, and
the cry of Revolutionary day "Taxation without Represen-
tation" was raised. We desired equality with our adjoining
States by admission into the Union, and above all, we sought
local self-government. We had reached our majority after
serving an apprenticeship of twenty-one years with territo-
rial government and petitioned to be free citizens, members
of a nation, where before they had only been in a nation.

The citizens believing development and growth synony-
mous with a change elected members to the Tenth Legisla-
tive Assembly, with the understanding that it would be ex-
pressing the voice of the people at the polls if at the next
session the first active steps were taken toward Statehood.

This legislature met in January, 1888, and in the form of
a joint resolution from the Territorial Senate and the House
of Representatives memorialized Congress on the "State of
Wyoming." The resolution set forth the resources of the
Territory, the valuation of our industries, the condition of
our educational advantages, the population, and asked for
legislation by Congress to enable the people of the Terri-
. tory to form a Constitution and State government, and also
for the admission of such State into the Union.

The Memorial was sent to Congress through our Dele-
gate,* who had a bill introduced in the Fiftieth Congress
which provided for a Constitutional Convention. This is
known as Senate Bill No. 2445, which was reported favor-
ably to the Senate of the United States February 27 ^ 1889.
In accordance with the provision of this bill, a majority of
the counties through their County Commissioners, petitioned

*Hon. Joseph M. Carey

54 THE GOVERNMENT OF WYOMING.

our Governor to apportion the number of delegates to attend
a Constitutional Convention and to execute all such other
acts as were necessary for convening the Convention in ac-
cordance with the regulations contained in the Senate Bill.
The Governor, Secretary of State and Chief Justice divided
the Territory into delegate districts. They apportioned the
number of delegates among several districts in proportion to
the population in each said district upon a basis of the votes
cast for Delegate to Congress on November 6, 1888. Each of
the counties of the Territory was made a delegate district,
and fifty-five delegates were apportioned. The Governor
on June 3, 1889, issued a proclamation setting the second
Monday in July, 1889, ^s a day for electing delegates to a
Constitutional Convention, to be held in Cheyenne the first
Monday in September, 1889. The proclamation commenced
as follows:

"Whereas the Territory of Wyoming has the popula-
tion, material resources, public intelligence, and morality
necessary to insure a stable local government," —

Following this general statement the executive stated that
he was convinced that a large majority of the citizens of
Wyoming were desirous of forming for themselves a con-
stitution and State government and of being admitted into
the Union and of exercising the rights and privileges guar-
anteed to a free and loyal people under the Constitution of
the United States. He asked further, that representative,
men of character and ability be chosen as delegates to justly
represent all of the classes and people in Wyoming, men
who would frame a Constitution which could be submitted
to the people for ratification or rejection.

Every county elected delegates and sent them to the con-
vention, which met in the Capitol at Cheyenne on September
3d, and was in session until September 30, 1889. This Con-
vention contained representative citizens, a careful, consci-
entious and conservative class of men, representing no one

THE HISTORY OF WYOMING. 56

class, or political party. There were in the Convention
men from all walks in life, from the farmer to the statesman,
men who had or have since then served the State in the fol-
lowing capacities: Chief Justices (3), United States Sena-
tor, United States District Judges (2), Governors (3), Rep-
resentative to Congress, President of the University, State
Treasurers (2), and also representatives for the stock in-
dustry, for the mining interests, for the merchant, for the
press, and, by far the largest number representing the legal
profession. A majority of the members had served the Ter-
ritory in the legislature. They were not novices, but men
of wide experience and careful judgment, familiar with the
present and future needs and necessities of the State.

Our Constitution, as it now exists, was formulated and
adopted by this Convention and signed by the members. In
accordance with a resolution passed by this body the Gov-
ernor called a special election for November 5, 1889, asking
the citizens to ratify or reject the Constitution as presented.
The voice at the polls gave an overwhelming majority for the
document.

A bill for the admission of Wyoming as a State into the
Union on an equal footing with the original Thirteen States,
was introduced in the House of Representatives at the next
Congress. The bill passed the House, was sent to the Senate
where an amendment was made in reference to the Yellow-
stone Park, and the bill returned to the House of Represen-
tatives for concurrence. The House agreed to the amend-
ment and the bill was passed, with the signature of the Presi-
dent of the United States attached to the bill, on July 10,
1890. The long struggle for equality and liberty had ended
and Wyoming became the forty- fourth State of the Union.
In the fall of this year the people elected the State officers,
a Representative to Congress and members of the First State
Legislature. The most important action taken by this as-

56 THE GOVERNMENT OF WYOMING.

sembly was the election of two United States Senators.* We
now had a voice in our National laws, through our Senators
and our Representative, we had a voice in the selection of
our President by virtue of our three electoral votes, and we
chose our State officers by the voice of the people at the
polls.

The Constitution took effect and was in full force imme-
diately upon the admission of the territory as a State, July
10, 1890. (Art. XXI, Sec. 8.) While the Constitution was
framed and submitted to the people for adoption, before
Congress enacted a law for the admission of Wyoming into
the Union, it was stated by Art. XXI, Sec. 23, that there was
no intention or purpose on the part of the Convention to set
up and organize a State government until such time as the
United States Government in its wisdom and authority
should admit the Territory as a State and call it Wyoming.

REFERENCES.

Windsor, Narrative and Critical History of America, Vol.11.

Hinsdale, How to Teach History, Annexation.

Hermann, The Louisiana Purchase. (A Government publica-
tion.)

Hosmer, The Louisiana Purchase.

Hosmer, A Short History of the Mississippi Valley.

Lewis and Clark, The Expedition of Lewis and Clark.

Dye, The Conquest.

McMaster, History of the People of the United States, Vol.
II, Chap. XIII.

Wilson, A History of the American People, Vol. III.

Washington Irving, Astoria.

Cozner, The Lost Trappers.

Chittenden, the History of the American Fur Trade of the
Far West.

Fremont, Report of the Exploring Expedition to the Rocky
Mountains.

Henry and Thompson, New Light on the Early History of the
Greater Northwest. (Ed. by Coues.)

*Hon. Joseph M. Carey and Hon. Francis E. Warreu.

THE HISTORY OF WYOMING. 5T

Roosevelt, Winning the West, Vol. IV.

Hinsdale, The Old Northwest.

Winsor, The Mississippi Basin (1697-1763).

The Western Movement (1763-1798).

Austin, Steps in the Expansion of Our Territory.

Hitchcock, The Louisiana Purchase.

Thwaite, Rocky Mountain Explorations.

Coues, The Expeditions of Zebulon Montgomery Pike.

Chittenden, Yellowstone National Park.

Northwestern Wyoming Including Yellowstone National Parle
(Government publication).

Brooks, First Across the Continent.

Bancroft, Vol. XXV. Wyoming.

Mowry, Marcus Whitman and the Early Days of Oregon.

Parkman, The Oregon Trail.

Burton, The City of the Saints, and Across the Rocky Moun-
tains to California.

Coutant, History of Wyoming, Vol. I.

Wyoming Historical Collections, Vol. I.

Wyoming, Compiled Laws 1876, Sioux and Shoshone Indiam
Treaties.

U. S. Geological Survey Bulletins, No. 171 (for State bound-
aries).

Pomeroy, Constitutional Law.

Story, The Constitution.

Cooley, Constitutional Limitations.

Journal and Debates of the Constitutional Convention or
Wyoming.

PART II

THE CONSTITUTION
OF WYOMING

CHAPTER VIII.
THE FORMATION OF A CONSTITUTION.

A State Constitution is a set of rules made by the people
to regulate their government. It is the supreme law for the
State. It is the highest State authority. It is a document
which also gives to the different departments of the State
their authority. The laws of a State consist of the Constitu-
tion and the acts of the Legislature. The courts do not
make laws, but determine what the law is. If we are unable
to understand what is intended by the wording of the law,
the courts interpret for what purpose the law was enacted.
If the laws given us were perfectly plain and absolutely
capable of but one interpretation, there would be no need of
lawyers or courts. It is impossible to do without the Judi-
cial Department of Government, for no two people think
exactly alike any more than two people who look at the same
landscape see precisely the same objects. This difference of
opinion as to the meaning of the law makes the legal pro-
fession a possibility and the courts a necessity.

We not only make our laws, but place judges over us who
shall translate where we cannot read. How did we acquire
the power and authority? This first step to civil liberty
dates back to the time of King John, in 121 5, when a docu-
ment called the Magna Charta, the Great Charter, was
issued. This guaranteed to the English freemen liberties
not before enjoyed. The kings exercised all the legislative
power and gradually liberty approached serfdom through
abuses and usurpations on the part of kingly authority.
This Magna Charta is one of our most precious historical
documents and is the foundation of our common law. It
guaranteed to the freemen no imprisonment unless "by the
lawful judgment of his peers or the law of the land." It
further stated that "we will sell to no man, we will not deny
to any man either Justice or Right."

THE CONSTITUTION OF WYOMING. 61

Charles I in 1629 assented to the Petition of Right which
made taxation only possible by an Act of Parliament, and
stated that no man could be imprisoned without due process
of law.

The Habeas Corpus Act was passed in 1679, during the
reign of Charles II. This act further protected those who
were unlawfully imprisoned. It demanded that the authori-
ties permit the accused to appear in open court in person
(hence the term "thou mayest have the body"), and know
why he was arrested. Then came the Bill of Rights, under
William and Mary in 1689. This bill carried with it the
better security of the right of life, liberty and property. It
provided against cruel punishment, obtaining money for the
use of the Crown without the consent of Parliament, the
raising of a standing army in time of peace and the quarter-
ing of soldiers contrary to law, excessive bail and fines and
impeachment for the freedom of speech.

The Colonial people of our country brought with them
from England the ideas embraced in these four documents
and the Declaration of Independence was based upon the
rights so given to them through their forefathers.

These people believed that they were entitled to the same
protection and privileges as were granted them before com-
ing to this country. They believed that the mother coun-
try violated her laws when she taxed them without represen-
tation, when she arrested and tried them without due process
of law, when she kept up a standing army in timie of peace
and when she denied them the freedom of the press. Founded
on the belief of this usurpation of rights the Declaraiion of
Independence was written and the Revolution was fought.

The rights which the Parliament and the English Gov-
ernment had given to her people were retained by her colo-
nists after they had severed their connection with the parent
country. They waged war to establish and regain the privil-
eges contained in the sacred charters of 1215, 1629, 1679

62 THE GOVERNMENT OF WYOMING.

and 1689. The document of July 4, 1776, declaring our
independence not only recites the grievances against England
but declares what the rights were as previously granted.
" We hold these truths self-evident that all men are created
equal, that they are endowed by their Creator with certain
inalienable rights, that among them are life, liberty and the
pursuit of happiness; that to secure these rights govern-
ments are instituted among men deriving their just powers
from the consent of those governed. * * * That these
United States are and of right ought to be free and independ-
ent States. * * * and that as free and independent
States they have the full power to levy war, conclude peace,
contract alliances, establish commerce and do all other acts
and things which independent States may of right do."

In order to obtain these inalienable, rights and to exercise
the power of free and independent States The Articles of
Confederation were drawn and put in force 1 776-1 778.
The document was written in 1776, but could not be put
into effect until all the States signed it, and Virginia was the
last one to sign in 1778. These articles formed a compact
between the thirteen States. They gave the Government new
powers and established interstate relations which did not
before exist. A citizen of one State enjoyed the privileges
of any of the other States. The grave error in this docu-
ment was that while it gave to the citizens the power to
assess the States for money it gave no authority to collect
the revenue. Power was given to Congress to make new
laws, but no provision was made to enforce them. There
was no Chief Magistrate to enforce the laws, no Judiciary
to interpret them. The Government was no more than an
advisory board, without any power of putting into action
the advice given. Congress was left at the mercy of the
States. If they did not see proper to pay the amount taxed,
they did not pay. There was no power to force them to ac-
tion, and for this reason the Confederation failed. What they

THE CONSTITUTION OF WYOMING. 63

needed was one central Government in place of the thirteen
separate ones. The States had been jealous of a central
Government and limited its authority to such a degree that
it was powerless.

The Constitution of the United States was a result of
the failure of the Articles of Confederation. It was adopted
in 1787 at Philadelphia after a stormy session of four
months. The defects of the Articles of Confederation were
remedied and authority was given to Congress not only to
enact laws but full power to provide for their enforce-
ment. The Constitution protected the central Government
and at the same time shielded the State authorities. It
established the three departments of government, the Exec-
utive, Judicial and Legislative. This was a new creation
in the world of governpient. This trinity of authority is the
stronghold of our National and State Constitutions. There
was no Bill of Rights in the original Constitution. Some
of the States were afraid that this central Government
created with new powers might usurp some of these fun-
damental rights of the people, and before they would sign
the Constitution amendments were made in the form of
Bill of Rights. These amendments, I to X, limited and
restricted the powers of Congress. The States were to be
under the authority of the Federal Government, yet there
was a desire to have limitation placed upon its power by
these amendments. No chances were to be taken that State
rights given by the Constitution might at a future day be
wrested from them by Congressional action. The Constitu-
tion as adopted with its amendments is the supreme law of
the land. If Congress passes acts that are inconsistent
with the provisions set forth in the Constitution these
acts are not laws, but unconstitutional enactments, and are
void. (The Judiciary decides if an act is constitutional or
unconstitutional, and by the decision rendered through this
court the enactment is made a law or declared unconstitu-

-64 THE GOVERNMENT OF WYOMING.

tional. No act, however, is passed upon unless some actual
•case in controversy comes before the court for final determin-
ation.)

The State of Wyoming was formed through the author-
ity granted Congress by Article IV, Section 3, Clause I, of
the United States Constitution. " New States may be
admitted into the Union by the Congress." No part of our
State Constitution is, or could be, in conflict with the
Federal Constitution. We must be governed first of all by
the law contained in our National Constitution, and must
formulate our State laws in harmony with its provisions.
All acts of our Legislature are regulated by our State Con-
stitution. If these acts conform to conditions of the State
•Constitution, they become laws, but if contrary to these con-
ditions, the enactments are without force and are declared
unconstitutional.

There are written and unwritten Constitutions. England's
Constitution is called unwritten because it is not embodied
in any one separate document, and is largely a matter of
long-established customs and precedents. Yet her Consti-
tution may be found in a large degree in the written docu-
ments upon which we based our Constitution. The leading
idea in America is that the power to change the Constitution
must rest with the people. We cannot all meet in one gather-
ing and enact laws, hence the Constitution was written
delegating powers that could be used by those who repre-
sent us, but beyond the provisions of the Constitution they
cannot go. If time changes conditions and the provisions
of the Constitution no longer best meet the needs of the
people amendments are made. These amendments can only
"be made through the people in the same manner in which
the Constitution was adopted.

Our State Constitution consists, of three distinct parts:
(i) The Declaration of Rights, (2) The Frame of Govern-
ment, (3) The Schedule. There is also the Preface, or

THE CONSTITUTION OF WYOMING.

Introduction, called the Preamble, and the Postscript, or
Appendix, called the Ordinances. A Preamble is used as
an introductory clause, reciting the reasons for passing the
document.

Preamble of the WYOMING
Constitution.

We, the people of the State
of Wyoming, grateful to God
for our civil, political and
religious liberties, and desir-
ing to secure them to our-
selves and perpetuate them
to our posterity, do ordain
and establish this Constitu-
tion.

Preamble of the NATIONAL
Constitution.

We, the people of the Unit-
ed States, in order to form
a more perfect union, estab-
lish justice, insure domestic
tranquility, provide for the
common defence, promote
the general welfare and se-
cure the blessings of liberty
to ourselves and our posteri-
ty, do ordain and establish
this Constitution of The United
States of America.

The National Constitution established rights and liberties
as set forth in the Preamble; these privileges the State
Constitution acknowledges as being in force, and expresses
a wish to have them continued and handed down from gen-
eration to generation. The one Constitution was made pos-
sible only through war. The powder used in obtaining the
other was the celebration after the people at the polls had
ratified the action of the Constitutional Convention.

( I ) The Declaration of Rights contains a recital of the
fundamental rights of citizens and the principles which
protect their life, liberty and property, as given to the people
by the Magna Charta and kindred charters. This state-
ment of rights acts as a guide for the different Departments
of State in the execution of their duties. The decisions
of the Judiciary are often based upon the principles contained
therein and they are a valuable guide for the limitation
of or exercise of Constitutional power.

66 THE GOVERNMENT OF WYOMING.

(2) The Frame of Government divides the power of the
State into departments and delegates to officers represent-
ing the divisions of Government their duties, their power
and authority. This part of the Constitution designates
how these officers shall be elected. It contains regulations
for suffrage, for education, for public health and morals,
for institutions for the unfortunate, for the industries to be
carried on in the State, for the operation of corporations;
it defines the boundaries of our State, and provides for
county organizations; it establishes a method of uniform
taxation and revenues; also accepts the grants of land
donated by the Government. The miscellaneous provisions
include education, arbitration and labor, amendments, con-
stitutional conventions and new constitutions.

(3) The Schedule directs the action to be taken in order
to pass from Territorial to State Government. It makes
the territorial laws become the laws of the State. It trans-
fers the property owned by the Territory to the State, and
gives information as to the method by which the Constitu-
tion shall be submitted for acceptance or rejection, and
finally makes provision for the election of the first State
officers and Legislature. The Schedule also contains direc-
tions by which the new government may be put into opera-
tion.

The Ordinances declare Wyoming to be one of the States
of the Union and the Federal Constitution the supreme
law of the land, recognize religious liberty, disclaim any
title to the public lands within our boundaries, assume the
debts contracted by the Territory, and empower the Legis-
lature to regulate the common-school education.

The Declaration of Rights is a restraint on any legis-
lative action that might result in destroying any of the
political freedom of the people. It is the safeguard against
arbitrary power which might at some time be used by a
majority in the Legislature to deprive the citizens of their

THE CONSTITUTION OF WYOMING. 67

fundamental rights — rights that have been gradually
acquired during the past centuries. As we examine the
different Departments of State in this book these rights
will be included in their proper divisions of administration.
That there may be no conflict of control or authority,
the powers of the State Government are divided into three
distinct and separate divisions : the Legislative, the Execu-
tive and Judicial departments. The members of the Legis-
lature, the Governor and the officers of the courts, represent-
ing these three departments, are all elected by a direct vote
of the people.

QUESTIONS.

1. What is a Constitutional Convention?

2. What is a Constitution?

3. What are laws? How are they made?

4. Explain the relations to one another of the Magna Charta,
the Petition of Right, the Habeas Corpus Act, the Bill of Rights,
the Declaration of Independence, the Articles of Confederation,
the Constitution. Which is the most important? Why?

5. Why was there no Bill of Rights in the original Con-
stitution?

6. What is the Supreme Law of the United States?

7. Can there be unwritten Constitutions?

8. What is an unconstitutional act? What is its power?
Can you decide whether an act is unconstitutional? Why?

9. State the relation of the Judicial Department to the Legis-
lative in law making.

10. How are Constitutions amended?

11. What are the different divisions of our State Constitution?
Explain the purposes of these divisions.

12. In what particulars do the State and the Federal Con-
stitutions differ in the preamble?

REFERENCES.

Jameson, Constitutional Conventions, Ch. I.
Fiske, Civil Government in the United States, Ch. VII.
Story, The Constitution, II, Ch. XXXVIII.
James and Sanford, Government in the State and Nation,
Ch. XII.

68 THE GOVERNMENT OF WYOMING.

Cooley, Principles of Constitutional Law, Ch. I, and Con-
stitutional Limitations, Ch. XVL

Hart, Actual Government, Sec. 28.

Ashley, The American Federal Government, pp. 10, 317-319,
Ch. XVIIL

Hill, Liberty Documents, Ch. II, VI, VII, IX, XIV, XV,
XVII (particularly helpful for copies of original docu-
ments).

Examine carefully the Constitution of Wyoming and the Pro-
ceedings of the Constitutional Convention.

CHAPTER IX.
The Legislative Department.

Our Constitution, in common with most of the State
Constitutions, legislates and contains administrative regu-
lations. This is done to restrict the powers of the depart-
ments and put limitation upon their authority.

The Legislature has power to enact the ordinary statute
law, deriving always its power from the people through the
Constitution.

Except as the Constitution directs, no department can
exercise the powers of the other departments. (Art. II, Sec.
I.) The regular sessions of the Legislature are limited
to forty days. (Art. Ill, Sec. 6, CI. 2.) Bills can only be
passed in the manner as the people through the Constitution
have directed. (Art. Ill, Sec. 20-28.)

The Legislative Department is composed of a Senate and
a House of Representatives, and is called " The Legislature
of the State of Wyoming." The Senators are elected for
a term of four (4) years and the Representatives are elected
for two (2) years. At present our Legislature is composed
of twenty-three (23) Senators and fifty (50) Representa-
tives. (S. L. 1901, Ch. 91, Sec. 5.)

The number of Senators and Representatives that the
State may have in the Legislature is regulated by the inhab-
itants contained in the respective districts. For convenience
each county is called a senatorial and representative district.
There are thirteen of these districts, sending to the Legis-
lature as many members as are designated in the following
list:

Senators. Representatives.

Albany County 3 6

Big Horn County i 3

Carbon County 3 5

Converse County i 3

70 THE GOVERNMENT OF WYOICIING.

Senators. Representatives.

Crook County i 2

Fremont County i 3

Johnson County i 2

Laramie County 4 10

Natrona County i i

Sheridan County i 3

Sweetwater County 2 4

Uinta County 3 6

Weston County i 2

23 50

The restrictions placed upon the apportionment of mem-
bers of the Legislature are : ( i ) Each county shall have at
least one Senator and one Representative, regardless of the
number of inhabitants ; (2) At no time shall the House of
Representatives contain a number of members which shall
be less than twice as many as are in the Senate, nor a greater
number than three times those of the Senate. (Art. Ill,
Sec. 3, CI. 3.) As there are now twenty-three Senators,
there must be at least forty-six Representatives, and there
might have been as many as sixty-nine had the Legislature
so desired. This limitation is necessary in order to preserve
a balance of power between the two houses and not give
undue authority to either one. The Senate is often desig-
nated as the " Upper House " and the House of Represen-
tatives as the " Lower House."

A person eligible to the Legislature must be a citizen of
the United States and a resident of Wyoming ; he must have
lived in the county from which he is elected at least one
year previous to his election. Senators must be at least
twenty-five years of age and Representatives twenty-one
years. The desire to have the Legislature composed of two
classes of members has made this requirement in the differ-
ence of age. Experience and mature judgment are supposed

THE CONSTITUTION OF WYOMING. 71

to come with age, and a much older class of men are
always found in our Senates. The members are looked
upon as more conservative in the formation of laws, and
act as a check on the more radical measures adopted by the
House of Representatives. All of the members of the
House of Representatives are elected every two years, but
only one-half of the Senate is so elected, the other half
serving a second term, and in this way the Legislature is
never composed entirely of new members. When a vacancy
occurs in the Legislature by death or removal from the State
or any other cause, the Governor does not have the power
to appoint some one else to take the place, as he does
vacancies occurring in many of the State offices. The
matter is submitted to the people by special election, who
re-elect a member from the district having the vacancy.

The Constitution prohibits the Legislature as to its acts
in as great a degree as it directs them what to do. The laws
of " Thou shalt not " of the Constitution equal the commands
to do. This is a wise regulation, because it is easier to
foresee where injuries and injustice may be done than it
is to anticipate all the needs for the good of a commonwealth.

Restriction upon Legislation. — Section 2^, Article IH,
forbids the Legislature to enact laws in seventy-eight differ-
ent cases. These cases are all enumerated and cannot be
subject to special or local laws to govern them. Laws must
be general in their nature in order to be valid and have force,
and in order to avoid class legislation.

Legislators Prohibited. — No foreigner or non-resident
of the State or person under twenty-one years of age can
be a member of the Legislature. (Art. HI, Sec. 2.)

The apportionment cannot in the Senate be greater than
one-half the number in the House. (Sec. 3.) Compensation
for services must not exceed a certain amount, fixed by a
preceding Legislature; at present it is fixed at five dollars

72 THE GOVERNMENT OF WYOMING.

a day and ten cents mileage. Regular sessions cannot extend
beyond forty days. (Sees. 6 and 9; R. S. 1899, Sec. 34.)
No monies can be paid out of the State treasury to employees
of the Legislature not appointed according to law. (Sec.
29.) No member can vote on a bill in which he has a
private interest (Sec. 46) ; nor can he have an interest in
a contract furnishing supplies for the use of the Legislative
Assembly (Sec. 31) ; and he cannot occupy any *civil office
(except a notary public or officer of the State militia) or be
a member of Congress while acting in his legislative capacity.
(Sec. 8.) A member expelled for corruption cannot again
serve as a lawmaker. (Sec. 12.) Neither House can
adjourn sine die or finally adjourn without the consent of
the other. (Sec. 15.)

No bill granting extra compensation after services have
been rendered can be passed (Sec. 30) ; and no bill can be
so changed when passing from one House to the other so
as to alter its original purpose (Sec. 20) ; except for the
expenses of the government of the State, no bill can be
introduced carrying with it an expenditure of money within
five days of the close of the session, unless by unanimous
consent. (Sec. 22.) Bills embracing more than one sub-
ject, except relating to the classification and revision of laws
and the general appropriation bills, cannot be passed. Each
bill must be clearly expressed by its title. (Sec. 24.) If
a law is amended in any way, it cannot be changed by
reference to the title only, but the amended portion must
be re-enacted and printed in full (Sec. 26) ; and no bill can
become a law except it is first referred to a committee and
put in printed form for legislative consideration, and then
passed by a majority vote of each House, and the action
taken by each member in voting must be made of record.
(Sees. 23 and 25.) No power can be given to private
individuals to regulate municipal affairs. (Sec. 37.) Con-
tracts cannot be impaired nor ex post facto laws be made.

THE CONSTITUTION OF WYOMING. 73

(Dec. of R., Sec. 35.) The Legislature cannot remove the
seat of government of a county, nor divide a county in mak-
ing Representative districts, or form a new county without
complying with the State requirements. (Art. XII, Sees.
2 and 3; Art. Ill, Apport., Sec. 3.)

These restrictions placed upon the Legislature relate
largely to financial questions and the guarding against local
or private interests in introduction of bills which may
become a law.

Legislators Empowered. — The Legislature meets the
second Tuesday in January every odd numbered year. (Art.
Ill, Sec. 7.) Each House acts as a judge of the quali-
fications of its members to take their places as legislators,
and determines the rules governing its proceedings. The
Senate elects a President as a presiding officer, and the
House of Representatives elects a Speaker, each of whom
must be a member of the house he represents. (Sees. 10
and 12.) A majority of the members of each house consti-
tutes a quorum and elect all the legislative officers. (Sees.
10 and 12.) Legislators are exempt from arrest while
attending sessions, except for breach of peace, treason
and violation of their oath of office. (Sec. 16.) All the
proceedings of each house must be made of written record,
open to the public, except as necessity may demand secrecy.
The sessions are open to the public unless there may be
some special reason which requires a private meeting. (Sees.
13 and 14.) All bills and joint resolutions are signed in
open session by the President of the Senate and Speaker
of the House of Representatives, and the fact that they were
so signed is entered upon the journal of each house. (Sec.
28.) The Legislature provides for the regulations of cor-
porations (Art. X, Sees, i and 10; Art. XIII, Sec. 3) and
for courts of arbitration to settle controversies between
laborers and their employers. Aliens cannot be employed
in connection with any State, county or municipal works.
(Art. XIX, Labor, Sec. i.)

74 THE GOVERNMENT OF WYOMING.

If two candidates for Governor of the State receive at a
general election an equal number of votes, the Legislature
at a joint session elects by ballot one of these candidates to
fill the position. (Art. IV, Sec. 3.) The Legislature has
the right to organize new counties and provide for town-
ship organization (Art. XII, Sees. 2, 3 and 4) and direct
the manner of taking the State census every tenth year
after 1895 ; the number of inhabitants so recorded is used
as the basis for the apportionment of State Senators and
Representatives. (Art. Ill, Apport., Sees. 2 and 3.) The
Constitution is amended, revised or a new one adopted
by direction of the Legislature, but no Constitution, amend-
ment or revision is valid unless voted upon by the people of
the State. (Art. XX.)

An amendment to the Constitution is proposed by either
branch of the Legislature, and if passed by two-thirds of
both houses the amendment is submitted to the electors of
the State at the next general election, and if a majority of
the electors ratify the proposed amendment it becomes a
part of the Constitution. Constitutional conventions are
called in the same way. Only once in our history has a Con-
stitutional amendment been submitted to the people. It
failed to pass for lack of the requisite number of votes. The
question had more of a county interest than one of general
importance. (Art. XX, Sec. i.)

At the regular election in the fall of 1890, Article XVI
of the Constitution relating to the selling of county bonds
to refund indebtedness was voted upon for amendment. The
total number of votes cast at the election was 25,429, and of
this number only 7,605 people voted on the amendment.
There were 5,435 votes for the amendment and 2,170 against
it. In order to have adopted the amendment it would have
been necessary to have at least a majority of the 25,429 votes,
or 12,730 votes, in favor of the amendment. The Seventh
State Legislature of 1903 by a joint resolution proposed the

THE CONSTITUTION OF WYOMING. 75

amendment of the Constitution so far as relates to Article V,
Section 17, in reference to salaries of Judges of the Supreme
and District Courts. At present each one receives three
thousand dollars annually. If the amendment carries, the
Supreme Court Judges will receive five thousand dollars a
year and the District Judges four thousand dollars. This
resolution will be presented to the people for ratification
or rejection November, 1904. As this is a question of gene-
ral importance, it will receive more attention from all parts
of the State than the former proposed amendment.

Election and contest cases not provided for in the Con-
stitution are arranged for by the Legislature (Art. VI,
Elections, Sees, i, 2 and 6), as are the deputy officers (Art.
XIV, Sec. 4), as are also laws for the protection of live stock
from infectious diseases, the provision for public health and
morals, the equipment of a State militia, and the establish-
ment and maintenance of public schools and free education.
(Art. XIX, Sec. i ; Art. VII, Sec. 20; Art. XVII, Sec. 2;
Art. VII, Sec. i, and Ord., Sec. 5.)

The Legislature in joint session elects the two United
States Senators. The person receiving the majority of all
of the votes cast is declared the Senator. His term is for
six years and his salary is paid by the United States. (Sal-
2try, $5,000 a year.) The President of the State Senate and
Speaker of the House and the Governor and Secretary of
State all sign his certificate of election. (Seed., Sec. 13.)

QUESTIONS.

1. What are the two branches of the Legislature?

2. How many senators and representatives have you from
your county? Name them.

3. Why has Wyoming only thirteen senatorial and represen-
tative districts?

4. What is the limitation of representation in our State
legislature?

5. Can an alien be a member of our legislature?

76 THE GOVERNMENT OF WYOMING.

6. What restrictions are put upon legislative enactments?
What is an enactment? How does it differ from a law?

7. Enumerate the powers of the legislature.

8. What action can the legislature take about proposed con-
stitutional amendments?

10. Who elects a United States Senator? Who are the United
States Senators from this State?

11. Name some important laws enacted by the last legis-
lature.

12. Compare the class of men elected to a Constitutional
Convention and those elected to a legislature.

REFERENCES.

Bryce, The American Commonwealth, I Ch. XL.

Ashley, The American Federal State, Sees. 417-429.

Hart, Actual Government, Ch. VII.

Roosevelt, " Phases of State Legislature " (American Ideals).

Cooley, Constitutional Law, Ch. XVIII.

James and Sanford, Ch. II.

Hinsdale, American Government, Chap. LI.

Wilson, The State, Sees. 1126-1208.

Cooley, Constitutional Limitations, Chaps. V and VI.

CHAPTER X.
The Executive Department.

When State Constitutions were first adopted, there was a
tendency to give the Legislatures a great amount of power
and to restrict the authority of the Governors. This was
the outgrowth of the general distrust from Colonial times
that had risen against executives put in power over the
people. The Legislature as directly representing the people
was given almost unlimited power, and the Governor could
not veto any measure. It soon became apparent, however,
that the restrictions must be placed upon the lawmakers
and more authority be given to the chief executives of the
States. The veto power was given as a check to legislative
action, and the legislative authority became more and more
curtailed. Formerly the State officials, including the Gover-
nor, were appointed by the Legislatures, while at present
these can only confirm the selection made by the Governors,
and the Governors are now elected by the people.

The Governor's Powers. — The chief executive powers
are vested in a Governor, who is elected by the people at a
general election. (Art. IV, Sees, i and 3.) His term of
office is for four years, and he receives a salary of two
thousand five hundred dollars a year. (Sees, i and 13.)
To be eligible to the office of Governor one must be a citizen
of the United States, a voter of the State and must have
resided within the State at least five years preceding the
time of the election to be sought. He must be at least
forty years of age. (Sec. 2.) If for any reason the Gov-
ernor's office becomes vacant, the Secretary of State becomes
the acting Governor.* This vacancy may occur in several
ways. It may be a temporary or a permanent one. It may
be by death, resignation or removal for cause, and it may be

*In this case the Secretary of State receives not only his salary, but the salary
of a Governor.

78 THE GOVERNMENT OF WYOMING.

sickness or absence from the State. (Sec. 6.) If the Sec-
retary of State could not act as Governor for any of the
reasons enumerated in reference to the Governor, the
President of the last Senate takes the office; if he is not
able to serve, the next in order of succession as Acting
Governor is the Speaker of the House of Representatives;
if he cannot act, then the State Auditor, and if he is un-
qualified for the position, the State Treasurer takes the place
until the disability of the Governor is removed or a Gov-
ernor shall be elected. (R. S. 1899, Sec. 50.) If an election
has to be held, the vacancy is filled for the unexpired
term of the Governor and not for the full term of four years.
Should a Governor die or resign after being in office but
a few months, the Secretary of State would act as the Gov-
ernor until the next legislative election, which would be in
less than two years, and a Governor would then be elected
by the people to serve only two years and thus complete the
four years' term of office. As necessity may demand, the
Governor has the power to call extra sessions of the Legis-
lature. A legislative assembly might adjourn believing it
had completed all its duties, when it would discover that
some important measure necessary for the successful man-
agement of the State affairs had been overlooked, then the
Governor has the power to call the members together and
additional laws can be enacted. There might be an ex-
traordinary occasion requiring additional legislation, when
the Governor can convene the Legislature. Calamities some-
times happen to a State, such as fires, floods, or epidemics,
and immediate aid is needed, so as to relieve the distressed,
and then an extra session of the Legislature is called by the
Governor, and appropriations are made to meet these needs.
The Governor is Commander-in-Chief of all the forces of
the State, and can call out the militia to suppress riots,
preserve the peace or execute the laws of the State. (Art.
IV, Sec. 4; Art. XVII, Sec. 5.) While the Governor can-

THE CONSTITUTION OF WYOMING. 79

not dictate to the Legislature what laws it shall enact, he
is directed to recommend to that body in a message which
is read in person, measures that he believes to be of vital
importance for the welfare of the State, and the Legis-
lature is to a large degree governed by these recommen-
dations. All measures acted upon by the Legislature are left
to the Governor for hirti to see that they are faithfully exe-
cuted. (Art. IV, Sec. 4.) Every bill, order or resolution,
excepting those affecting the business proceedings of the
Legislature passed by both houses, must receive the (iov-
emor's signature before it can take effect. If the Governor
does not approve of the bill, he states his objections in writ-
ing and returns the bill without his signature. This is called
the veto power. The bill is then returned to the house in
which it originated. If two-thirds of the members agree to
pass the bill " over the veto," it is sent to the other house,
and if two-thirds of the members of that house concur, the
bill becomes a law without the Governor's approval.

A bill may also become a law without the Governor's sig-
nature if he does not return it to the Legislature within three
days after it is given to him for his consideration, Sundays
excepted.

If the Legislature should adjourn within three days after a
bill is sent to the Governor, and thus not give him the
lawful time to consider it, the bill would become a law,
unless within fifteen days after the adjournment he should
file his objections with the Secretary of State. This act
would kill the bill. (Art. Ill, Sec. 41 ; Art. IV, Sec. 8.)
The executive veto can be used in an appropriation bill when
he can reject such items of the bills as he may not approve.
This does not affect the entire bill, but only the part disap-
proved. (Art. IV, Sec. 9.) The Governor has the right to
make appointments and fill vacancies in all offices where
there is no law providing for the selection. Great influence
and authority are vested in the Governor, and through his

80 THE GOVERNMENT OF WYOMING.

power to appoint many of the State officers who are not
elected by the people. This appointive power is a wise
provision in the administration of affairs of the State. The
Governor is commanded to see that the laws are faithfully
executed. If all the offices of trust in the State were occu-
pied by those who were not in sympathy with the Governor's
ideas as to what constituted the best government for the
State, and if he were powerless to make the removals,
there would be danger of constant friction of authority
and a working at " cross-purposes." If the Executive is to
be made responsible for good government, he must have the
power to put into authority those who would enable him
to " faithfully execute " the law. The most prominent State
offices are filled by persons elected by the people, and the
duties of the officers are defined by the Constitution and
the legislative enactments. There are, however, many
officers who obtain their positions through appointive power.
These positions are filled during the session of the Legisla-
ture. All of the appointments made by the Governor must
be confirmed by the Senate, with the exception of the vacan-
cies occurring when the Legislature is not in session. The
Senate must agree to the Governor's choice. If it does not
agree, the appointment is not valid and a new selection is
made to receive the legislative approval. This is one of the
checks on the executive authority, and places some of the
responsibility of good government upon the people them-
selves who have sent their constituents to the Senate to
represent them in the making of the rules and regulations
of our government. The Governor appoints the State
Examiner, Engineer, Librarian, Geologist, Attorney General,
Inspectors of Coal Mines, Veterinarian, Superintendent of
Fish Hatcheries, Game Wardens and all members of the
State Board of Health and Water Control, Commissioners
for Stock and Pharmacy, Medical and Law Examiners,
Trustees for the institutions for higher education and the

THE CONSTITUTION OF WYOMING. 81

Historical Society. Should a vacancy occur in any of these
offices after the Legislature adjourns, the Governor has the
power to fill the vacancy until the meeting of the next
Legislature. The Governor is President of the State Board
of Charities and Reforms. This board has general super-
vision and control of all charitable, reformatory and penal
institutions of the State, including the insane asylum, peni-
tentiary, deaf, dumb and blind asylum, general hospital.
Soldiers' Home and all of the county jails of the State.
(R. S. 1899, Sec. 633.)

Except for treason and impeachment, the Governor can
grant pardons to those who have been convicted by the
courts, or he can substitute a less punishment than had
been pronounced for a crime. If a criminal has been sen-
tenced to be hanged, the Governor has the power to change
the punishment to imprisonment for life, or absolutely par-
don the offender; he can also grant reprieves, which tem-
porarily suspend the execution of a sentence. He can remit
or release fines and restore property which the courts have
taken from the accused, call forfeitures. For conviction
for treason the Governor can suspend the execution of the
sentence and submit the case to the next Legislature. At
each session of the Legislature he must make a statement of
all the remissions of fines, reprieves, commutations or par-
dons granted by him and his reasons for doing the same.
(Art. IV, Sec. 5.) Restoration of citizenship to one who
has served a term in the penitentiary for crime can be given
by the Governor. (R. S. 1899, Sec. 5462.)

QUESTIONS.

1. Why is the Governor of the State called the executive?
Who is called the Chief Executive of the United States?

2. Does the Governor have more power than the legislature?
Why?

3. Who is the present Governor? What are his powers?
What are his legislative powers?

82 THE GOVERNMENT OF WYOMING.

4. What officials can become acting Governor?

5. What is a veto power? How is it overcome? Why should
a Governor have this power?

6. What State officer has the Governor appointed in your
county?

7. Are there more State officers elected by the people than
appointed by the Governor?

8. What is a pardon and who has power to grant it?

9. Explain the term " restoration of citizenship."

10. Who were the candidates at the last gubernatorial elec-
tion? When was it held? When does the next election take
place?

REFERENCES.

Schouler, Constitutional Studies, pp. 267, 282.

Roosevelt, American Ideals, No. VIII.

Hart, Actual Government, Ch. VIII.

Fiske, Civil Government in the United States, Ch. VI.

Bluntschli, Theory of the State, Part III, Ch. VII.

Hinsdale, American Government, Ch. LII.

Wilson, The State, Sees. 1126-1208.

Ashley, The American Federal State, Ch. XVIII.

Bryce, The American Commonwealth, I, Ch. XLI, p. 473.

CHAPTER XL

The Judicial Department.
cedantarma togae*

The Governor's first duty is to see that the laws of the
State as contained in the Constitution and as made by the
Legislature are executed and enforced. That these laws may
be uniformly administered and authoritatively construed,
the third department of the State, the Judiciary, is formed.

The judicial branch of the government interprets the
meaning of the laws, and applies it to cases in controversy.
The laws are made by the Legislature and applied by the
judiciary.

The Judicial Department of the State consists of the
Senate, which acts as the Court of Impeachment (Art. Ill,
Sec. 17), a Supreme Court, district courts, Justices of the
Peace, courts of arbitration and municipal courts. (Art. V,
Sec. I.)

The Supreme Court consists of three Justices with a
term of office of eight years, each receiving a salary of three
thousand dollars per annum. Judges of the Supreme Court
during territorial government were appointed by the Presi-
dent of the United States. At the first State election the
three judges all served for a different length of time, one
for four, another for six and the third for eight years.
This arrangement was made in order to avoid having the
term of office of the entire court expire at the same time.
It is necessary that this court be continuous and that a
majority, or two, of the Judges serve for at least two
years before a new member is elected. In this way there is
always some judges on the bench who are familiar with the
regulations of their court. The Judge having the shortest

*This was Wyoming's territorial motto and appeared on the territorial seal.
"Let arms yield to the gown," or, "Let military authority give way to the civil
power." The great seal of the State bears the wording "Equal Rights," and the seal
of the University has (or its motto "Equality."

84 THE GOVERNMENT OF WYOMING.

term to serve is the Chief Justice and presides at all terms
of court. If a vacancy occurs in the office of the Supreme
Court, the Governor has the power to appoint a Justice to
hold the office until the next election and until his successor
qualifies for office. (Art. V, Sec. 4.) Unless one be learned
in law he is not eligible to the position of Justice of the
Supreme Court. This provision is absolutely necessary in
order to obtain "Justice and Equity" under the law.
Knowledge of the construction and requirements of the
laws must be had in order to enable the Justice to declare
what was the original intent of the laws when enacted or
as contained in Constitutional provisions. The Justice must
have practiced law for at least nine years and have resided
in Wyoming for three years, be thirty years or more of age
and a citizen of the United States. (Art. V, Sec. 8.)

No Judge can practice as an attorney in any of the courts
of the State or serve as a counsellor at law (Sec. 25, R. S.
1899, Sec. 3293) ; nor can he hold any other office, elective
or appointive during his term of office. (Sec. 2y.) This
court must meet at least twice a year, on the first Mondays
of May and October. (Sec. 7, R. S. 1899, Sec. 3280.)
A majority of the court is necessary to constitute a quorum
and transact business. (Sec. 5, R. S., Sec. 3284.) The
Judges can exercise only judicial duties. (Sec. 16.) The
clerk of the Supreme Court, who is also court stenographer,
is appointed by the Justices. (Sec. 9, R. S., Sec. 3393.)
This court appoints the State Board of Law Examiners,
whose duty it is to examine and recommend applicants for
admission to the Bar. (R. S., Sec. 3305.) The Supreme
Court has power to decide if a law is constitutional. That
is, it has the power to judge if an enactment violates any of
the provisions of the Constitution. A law cannot be uncon-
stitutional. The fact that the enactment is unconstitutional
makes it impossible to be a law. The supreme law of the
land is the Constitution of the United States, and Wyoming

THE CONSTITUTION OF WYOMING. 85

IS an inseparable part of this Federal Union. (Dec. R., Sec.
37.) The Supreme Court bases many of its decisions as to
constitutionality upon the Declaration of Rights as found in
our State Constitution. It is the foundation or fundamental
principle of our State law. All general laws have a uniform
operation. The Supreme Court has general superintending
control over the inferior courts and appellate jurisdiction
in both civil and criminal causes. Appellate jurisdiction is
the power to review decisions of a lower court. The decis-
ions may be sustained or reversed. Jurisdiction is the power
to determine the cause in controversy. Hence the Supreme
Court can hear cases in civil action, where the rights of
individuals as private persons are involved, and in criminal
action, where the State is concerned, provided that they
are brought to this court from another court. This is by
an appeal. (Art. V, Sec. 5.) The Supreme Court has original
jurisdiction (the power to decide a case when brought to it
directly and notion appeal from another court), in quo war-
ranto and mandamus as to all State officers. The first is an
action brought against an official, asking " by what author-
ity " he holds his office, and the mandamus is an action to
compel the officer to discharge the duties which have been
intrusted to him. This court also has the original jurisdic-
tion in habeas corpus, where a person detained by law is
brought before the court to decide if he has legally been
deprived of his liberty. This court has also authority to issue
all writs, writings or mandates commanding things to be
done, necessary to execute its judicial duties. (Sec. 3.)

District Judges. — The Constitution made provision for
three district courts (Sec. 20), and the Legislature of 1897
created the fourth district. (R. S. 1899, Sec. 3295.) These
are known as judicial districts one, two, three and four. The
first district is composed of Laramie and Converse counties;
the second of Albany, Natrona and Fremont ; the third of
Carbon, Sweetwater and Uinta, and the fourth, the last one,

86 THE GOVERNMENT OF WYOMING.

is formed from Johnson, Sheridan, Crook, Weston and Big
Horn. The Judges presiding over these courts are known
as District Judges, and are elected by the people of each
judicial district for a term of six years, with a salary of
three thousand dollars per annum. (Sec. 19, R. S., Sec.
341 1.) The Constitution left the matter of compensation for
the Judges of the Supreme and district courts to be regu-
lated by the Legislature. A constitutional amendment will
be voted upon at the general election of 1904, whether to
increase these salaries of the Supreme Judges to five thou-
sand and of the district judges to four thousand dollars a
year.

Each judge holds court in all of the counties embraced
in his district at least twice a year. (R. S., Sec. 3296; S. L.
1901, Chs. 6, 99; S. L. 1903, Ch. 55.)

The requirement for eligibility of Judges in this court
are: that the applicant must be learned in law, a citizen
of the United States, a resident of the State for two years
and at least twenty-eight years of age. A Judge of the
Supreme Court must be older, have practiced law longer,
and lived in the State for a greater period than the district
Judge. The Supreme Court is the last court to decide on a
legal question and the greatest accuracy in the knowledge of
law is required ; longer years of experience are a safeguard,
and a greater familiarity with our State laws is acquired by
a longer residence within our borders. Appeals are taken
directly from the district court to the Supreme Court, where
the decisions which the lower court has given are either
sustained or reversed by this higher court. A district judge
may serve as a Supreme Judge when one of the Judges
of the Supreme Court is interested in a case brought before
this court. In this case the two remaining Judges select
one of the district judges to act in the place of the absent
Judge. (Sec. 6.) The district courts naturalize, or make
citizens, of aliens. An alien is a foreigner, or one born out

THE CONSTITUTION OF WYOMING. 87

of the jurisdiction of the United States. A naturalized citi-
zen is one who, although bom ia another country, is adopted
by the United States. A citizen is one who owes perpetual
allegiance to the State in which he resides. These district
courts issue papers to the newly made citizens, and for the
sworn allegiance give them the rights and protections of the
native-bom citizen.

One of foreign birth before he can become naturalized
must have resided in the United States at least five years
and have declared in a district court his intention to become
a citizen at least two years before he takes out his final pa-
pers. (R. S. U. S. 1878, Ti. XXX.)

Cases brought from inferior courts, such as that of the
Justices of the Peace, can be appealed to the district court.
The district court has original jurisdiction ; that is a case
can have its first hearing before it, in all cases not given by
law to other courts, and all cases in matters of law and equity,
criminal cases and matters of probate and insolvency. (Art.
V, Sec. ID.)

Cases of law and equity are those of a personal nature
affecting one's rights, and criminal cases are those concern-
ing the State, where an injury is done to the public by an act
forbidden by the State. Cases of probate relate to estates
left by those deceased, and cases in insolvency are those in
which parties are not able to meet their debts and are bank-
rupt. This court has also the power to issue writs as in
cases granted to the Supreme Court. (Sec. 10.) Each
Judge has a clerk in all of the counties in which he holds
court (Sec. 13) and he also has a court stenographer. The
clerk is elected by the people, but the stenographer is
appointed by the Judge.

The salary of the stenographer is one thousand dollars
per year, and he serves the Judge in all the counties of that
district. (S. L. 1903, Ch. 29.) If for any reason a Judge
cannot hold court, he may request one of the other Judges

88 THE GOVERNMENT OF WYOMING.

to perform his duties. (Sec. ii.) (See Attorney General
and County and Prosecuting Attorney in Part III, Ch. XXI,
offices created by the Legislature.)

Court Commissioners. — Judges of the district court
may appoint commissioners having authority to make in
their absence any order which a district Judge may do when
not sitting in open court. They can administer oaths or take
depositions and evidence.

Justices of the Peace. — The board of county com-
missioners for each county establishes precincts in which
Justices of the Peace preside when the punishment prescribed
by law does not exceed a fine of $ioo and imprisonment
for six months in the county jail, subject to an appeal to the
district court. Where the punishment exceeds such limita-
tions, the Justice of the Peace sits as an examining magis-
trate and binds the accused to appear in the district court for
trial, if there is probable cause to believe him guilty, and if
not, he discharges him from custody. These Justices are
elected by the people within their respective precincts. (Sec.
22, R. S., Sec. 4316.) Their term of office is for two years.
They have authority and jurisdiction in civil actions where
the amount in controversy does not exceed two hundred
dollars. In these cases they have concurrent jurisdiction
with the district court. They may administer oaths; take
acknowledgments of writings; perform marriage cere-
monies; issue subpoenas for witnesses; compel witnesses
to appear in their courts ; issue attachments and execu-
tions on judgments and hear and determine cases of mis-
demeanor. (Art. V, Sec. 22, R. S., Sees. 4323, 4320.)
In no case can a Justice of the Peace have authority over
action involving titles to real estate or boundaries of same.
(Sec. 22, R. S., 4324.) Appeals to this court may be taken
to the district court of the county in which the precincts are
located. (Art. V, Sec. 23, R. S., 4397-) No appeal is
allowed where the matter in controversy is less than five
dollars. (R. S., 4406.)

THE CONSTITUTION OF WYOMING. 89

Boards of Arbitration. — That there might be a pro-
tection through law to the rights of labor and that the
laborer may receive proper reward for his service provision
was made for legislative enactment on this subject. (Dec.
R., Sec. 22.) The Legislature was empowered to provide
for a board of arbitration, to which the laborer might vol-
untarily submit his claims. (Art. XIX, Board of Arbitra-
tion, Sec. I.) The Legislature of 1901 authorized the Gov-
ernor to appoint an arbitration commission. This commis-
sion of three members was appointed and directed to draft
a bill for the constitution of a board of arbitration and report
to the Legislature in 1903. This commission, composed of
two representatives of labor and one of capital failed to make
any report other than one to the Governor, which was to
the effect that the labor representation and labor organiza-
tions did not care for the enactment of such a law.

The law as administered by these several courts has its
foundation in the Declaration of Rights. No enactment of
the Legislature or decision of the courts can deprive one of
any of these protections and privileges granted in the dec-
laration. Read carefully this portion of the Constitution.
The freedom we enjoy to-day is embodied in Article I, and
the privileges as set forth therein were granted through the
results of the Revolutionary War. Life, liberty and prop-
erty are made safe by it and cannot be taken from us with-
out due process of law. Equality is established, the right
of habeas corpus is given and the right is granted to de-
fend ourselves by counsel in open court when accused. No
person can be tried and sentenced twice for the same crime.
Security is obtained from unreasonable search of one's
person or house and effects. The penal code, or the law
governing punishment of crime, is based on principles of
reformation and prevention rather than on inhumane treat-
ment. The people are allowed the right to petition the au-
thorities for measures needed for their common good and

90 THE GOVERNMENT OF WYOMING.

free speech is not denied. The legislative, executive, the
judicial departments are organized and empowered in order
that the provisions of the Constitution may be put in force.
Special and distinct duties are assigned to each of these
three departments. At times, however, these powers are in-
terchangeable. The Legislature exercises judicial functions
when it approves or disapproves of the appointments made
by the Governor; the Senate also exercises judicial func-
tions when it sits as a court to try cases of impeachment.
The Governor exercises legislative power when he vetoes a
bill.

QUESTIONS.

1. What is the chief duty of the Justices of the Supreme
Court of the State?

2. Compare the District Court with the Supreme Court.
What Judicial District do you live in? Who are the Supreme
and the District Judges from your county? Which officer of
these two courts serves the longer term?

3. Has an attempt ever been made to make a constitutional
amendment in reference to the Judges of the Supreme Court?
Give reason for your answer.

4. What arc the advantages of electing a judge for a lont?
term rather than having one appointed for a short term?

5. What is the meaning of the term Jurisdiction?

6. What is naturalization and how is it accomplished?

7. What are the duties of a Justice of the Peace?

8. Who is the Justice of the Peace in your locality?

9. What are his duties?

10. Define arbitration. Why is it of benefit?

REFERENCES.

Hinsdale, The American Government, Ch. LI II.

Bryce, The American Commonwealth, I, Ch. XLII, p. 480.

Hart, Actual Government, Ch. IX, p. 151.

Cooley, Constitutional History, Ch. V.

Tocqueville, Democracy in America, I, Chs. VI, VII.

Schouler, Constitutional Studies, Ch. VII, p. 283.

Wilson, The State, Sees. 1147-1173.

CHAPTER XII.

Religion, Education and Franchise.

The State cannot appropriate any money for a religious
or sectarian society or institution, (Dec. R., Sec. 19.) The
Legislature is prohibited from making an appropriation for
denominational or sectarian institutions, (Art. III., Sec. 36.)
No- portion of the public school fund shall ever be diverted
to support an institution of learning controlled by any re-
ligious organization. (Art. VII., Sec. 8.) Religious liberty
IS secured by our State Constitution and **no one shall ever
be troubled or injured in person or property on account of
religious worship," (Ord., Sec. 2.) No religious test can
be made in reference to the schools controlled by the State,
nor shall attendance be required at any religious services,
(Art. VII., Sec. 12.) The free exercise of religious worship
shall forever be granted and no one can be prevented from
filling an office of trust on account of his religious belief,
(Dec. R., Sec. 18.) No instruction in religion of a denom-
inational character is allowed in the State University or a
sectarian test made in the selection of trustees or instructors
or admission of students, (R. S., Sec. 491.) That there
might be no misunderstanding as to the attitude of the
members of the Constitutional Convention towards religious
services in the State the expert testimony of the President of
this Convention was asked for on this subject, and his inter-
pretation was as follows: "The aim and object (of the
Convention) was to establish religious freedom and equality
and so prohibit legislation that would give controlling power
to any sect. Means for the support of the public school
system is contributed in like proportion by all people of the
State, no matter what their religious belief or peculiarities.
Entirely just, then, this section of our Constitution that
prohibits the use of public funds, generally contributed alike
by all, from being used to aid any particular sect or denomi-

92 THE GOVERNMENT OF WYOMING.

nation ; but it will be observed that this section contains one
other peculiar provision which reads as follows : "Nor shall
attendance be required at any religious service therein."
Thus it is manifested that our Constitution-makers intended
that there should be some religious service in the schools of
the State but that no pupil should be required or compelled
to attend or take part in these religious exercises. The
parents can require their attendance at these religious ser-
vices, or they can direct their children not to attend these
services.

It is believed that the great mass of the people of our
State desire some religious training in the schools of our
State. The Constitution makers, therefore, believed it wise
in the interest of good morals and the good order of societ)%
to promote religious exercises in our schools that would be
acceptable to the great miass of our people, but leaving it
optional with the parents to restrict their children in attend-
ance if they chose. This is believed to be the fair meaning
and construction to the latter section," (Dec. R., Sec. i8.)

Education — The general supervision of the public schools
is entrusted to the Superintendent of Public Instruction,
(Art. VII., Sec. 14.) Opportunities for education are con-
sidered one of the rights of citizens and the Legislature is
empowered to make provision to advance all educational in-
terests, (Dec. R., Sec. 23.) No distinction is made in the
schools as to race, color or sex, (Art. VII, Sec. 10.) Neither
the Superintendent nor the Legislature can prescribe the
text-books to be used in the schools, (Sec. 11.) Wyoming
has a system of free text-books in all the schools, (S. L.
1901, Ch. 38). Free education is given by the State to all
children between the ages of six and twenty-one years. The
Constitution provided that children must attend at least
three years while they are between the ages of six and
eighteen, (Art. VII., Sec. 9). The Legislative enactment

(

"'I a

Cfl ™ Jh ^

THE CONSTITUTION OF WYOMING. 96

made education compulsory for all children between the ages
of seven and sixteen for three months each year, (R. S.,
Sec 555).

The University of the State of Wyoming is co-educational,
and is open to all students of any race or color. The instruc-
tion is free. The support for the institution comes from a
tax of one-fourth of a mill given by the State and grants of
land from which money is received for rents and appropria-
tions of money from the Government, (Sec. i6, R. S., Sec.
1833.) The university is the only institution at present in
the State offering higher education.* The Constitution au-
thorized the Legislature to provide for the teaching of min-
ing and metallurgy and the university has been designated as
the place where these subjects are to be taught, (Sec. 17,
R. S. 487.)

In addition to the School of Mines, the university has a
College of Liberal Arts, an Agricultural, Mechanical, Nor-
mal and Commercial College. The management of the uni-
versity is vested in a board of trustees consisting of nine
members, who hold their office for a term of six years with-
out salary. The appointments are made by the Governor at
the session of the Legislature. The President of the Univer-
sity and the Superintendent of Public Instruction are ex-
officio members of the board. (Sec. 17, R. S;, Sec. 488.)

Elections — Wyoming has a particularly superior set of
laws in regard to her elections. The secret ballot is used
and called the Australian Ballot System, f Only the general
Constitutional requirements are stated in this chapter. The
detailed methods and regulations are to be found in the
division of administration of affairs. The right of suffrage

*As the University is the only institution for higher education in Wyomins:, the
President and the faculty constitute the examining board for the Cecil Rhodes* scholar-
ship. This gives two students of the University who are able to pass a competitive
examination a three years' course at Oxford College, England, with 11,500 annually for
each student.

flntroduced in the Legislature of 1889 by Hon. Frederic S. Hebard and in force
from that date.

96 THE GOVERNMENT OF WYOMING.

was granted women in Wyoming at the iirst Territorial
Legislature in 1869. During the second session of the Legis-
lature an unsuccessful attempt was made to repeal the law.
Since that time no effort has been made to deprive the women
of this privilege of franchise. The subject was discussed at
the time of the Constitutional Convention in 1889, after it
had received a test of twenty years of actual operation, but
no opposition was made against continuing the right granted.
Even Congress, when our Constitution with this equality
clause was presented for approval, made no serious argu-
ment against retaining this provision for "woman suffrage."
Wyoming is the first political organization of all time to
grant women the right to vote upon all questions where suf-
frage is exercised. Colorado, Idaho and Utah now have
equal suffrage. Equal political rights are granted by the
Declaration of Rights (Sec. 3), where the privilege and
rights of suffrage are not denied on account of sex, race or
color. The right to hold office is not denied on account of
sex. All citizens, men and women, equally enjoy all civil,
political and religious rights, (Art. VI., Sec. i.) That there
may be no question on the subject and in order to emphasize
the fact that the Constitutional law is operative, the revised
statutes (1899, Sec. 378), state "the rights of women to the
elective franchise and to hold office shall be the same as
those of men." Every citizen of the United States of the
age of twenty-one years and over, who has been a resident
of the State of Wyoming for one year, and of the county
wherein his residence is located, sixty days just preceding
the election, who is able to read the Constitution, is entitled
to vote, (Art. VL, Sees. 2, 5 and 9.) Persons of unsound
mind and convicts whose citizenship has not been restored
are deprived of the elective franchise, (Sec. 6.) No civil or
military authority can interfere to prevent one from exercis-
ing this right. All elections are open, free and equal. (Dec.
R., Sec. 27.) In order to vote each citizen must register as a

THE CONSTITUTION OF WYOMING. 97

voter, according to law. (Art. VI, Sec. 12.) All general
elections are held the Tuesday following the first Monday in
November of the even numbered years. All State and county
officers are elected at this time and assume the duties of their
offices the first Monday in January following their elections.
At these general elections all the State and county officers,
members of the Legislature, the Representative to the United
States Congress and the electors to elect the President of the
United States are chosen by ballot. All voters are given the
absolute privacy in the preparation of their ballots, and it is
absolutely necessary that the ballots so prepared shall be
shown to no one before being placed in the ballot box. This
makes voting according to one's own judgment and inclina-
tion possible rather than following the dictates and wishes
of some other person. (Sec. 11, Elect. Sec. 5.) Wyoming,
in addition to the two United States Senators which each
State elects by its Legislature, is entitled at present to one
Representative in Congress. Each State is entitled to one
Representative for every 194,182 people within its borders.
States having less than this number of inhabitants are en-
titled to one Representative. At present we have a popula-
tion of about 100,000 and until we almost double our popula-
tion we cannot have an additional Representative in Con-
gress. So long as we are entitled to but one Representative
the election is made by the entire State. When we have an-
other Representative in Congress, the State will be divided
into two Congressional districts, each one of which will have
a Representative who will be elected only by the people of
the district. (Art. Ill, Apport. Sec. i, Act of Admis. Sec.
3.) Wyoming is entitled to three presidential electors, who
are elected every fourth year after 1900. (R. S., Sec. 196.)

QUESTIONS.

1. What was the object of the Constitution-makers in pro-
hibiting donations and support to religious institutions? Was it
because they did not believe in them?

98 THE GOVERNMENT OF WYOMING.

2. What is the meaning of the " free exercise of religious
worship"?

3. Are there any religious tests made in connection with
any school position? Why?

4. What is religion?

5. Who has the general supervision of the school system in
the State?

6. What is the compulsory school age in the State?

7. Where is the institution for higher learning located?
What is it called? How many students attend it?

8. What is meant by a co-educational institution?

9. Explain the Australian Ballot System.

10. How would a blind man vote?

11. What are the qualifications in order to cast a. ballot?

12. What is the meaning of the term " equal rights "? Why is
Wyoming called the " Equality State "?

13. After State officers are elected when do they assume their
duties?

14. How many representatives to the United States Congress
are sent by Wyoming? Who so represents us? When will one
be elected? How are representatives elected?

15. Who are the United States Senators from this State?
How are they elected? When is one to be elected?

16. State some acts of importance that our Senators and
Representatives have done for this State.

17. Why are we limited to three presidential electors? What
are their duties?

18. When are presidential electors elected and how?

REFERENCES.

Ashley, The American Federal State, pp. 38, 85, 459, 462, Ch.

XXIX.
Hart, Actual Government, Ch. XXIX, Sees. 32-41.
Bryce, The American Commonwealth, II, pages 570-586, Ch.

XCII.
Schouler, Constitutional Studies, pp. 230-248.
Fiske, Civil Government, pp. 133-136.
James and Sanford, Government in State and Nation, Chs.

IX, XI.

CHAPTER XIII.
Treason^ Impeachment, Bribery and Rights.

Treason is a crime. It is an act committed against the
State and not against individuals. It is an act committed by
a subject against the State to which he has sworn allegiance.
The old Roman law called it crimen Icesce majestatis, the
crime of violated sovereignty. It is a breach of faith in that
it attempts to overthrow the political organization which on
oath the citizen has promised to protect. Treason against
the State and the United States is identical, as set forth
in each Constitution.

UNITED STATES WYOMING.

, Treason against the United Treason against the State

States shall consist only in shall consist only in levying

levying war against them, or iwar against it, or in adhering

, adhering to their enemies, to its enemies or in giving

giving them aid and comfort. .them aid and comfort. (D.R.,

(Art. Ill, Sec. 3.) Sec. 26.)

The Legislature is prohibited from condemning one for
treason. A person can be convicted of the crime only on
confession in open court or on the testimony of two wit-
nesses to the same actual act of treason.

Impeachment — To impeach is to call one to account. The
term is used in connection with officers holding positions of
trust who have failed to perform duties in accordance with
the laws or whose actions do not justify their continuance
in office. Their offences may not violate the criminal code,
but are a betrayal of trust or a neglect of public duty. The
Governor, State officers and judges of the courts are liable
to impeachment. The action may be brought against them
for crime, for omitting to do their duties according to the
law, for misbehavior not amounting to crime in discharge
of the duties entrusted to them. The Senate cannot in-
flict a direct punishment for impeachment. Judgment against

100 THE GOVERNMENT OF WYOMING.

an officer shall consist in removal from office and disquali-
fication to hold any State office. If convicted or acquitted
the party is liable to prosecution according to law, (Art.
III., Sec. i8.) The power to impeach rests in the House of
Representatives, that is it prefers the charge of corrupt vio-
lation of official duties. The Senate acts as a court and tries
the case. A majority of the House can impeach but it takes
a two-thirds vote of the Senate to convict. If the Governor
is to be tried the Chief Justice of the State Supreme Court
shall preside, (Sec. 17.) When the President of the United
States is to be tried the Chief Justice of the United States
presides. This provision was made because if the vice-presi-
dent, who is the president of the Senate should preside at the
trial and the President were convicted, the vice-president
would succeed to the President's chair. In this way it would
place a presiding officer of the court in a position to succeed
to the office of the tried party should the court pronounce
him guilty. This is one of the safe-guards of national and
State government to prevent any action against an officer to
profit by his conviction. No one has been impeached in this
State. There have been only seven impeachments by Con-
gress, and of this number only two convicted by the Senate.

Bribery — To attempt to influence an officer in the con-
duct of his duty by the offer of a reward is bribery. The one
who gives and the one who receives are equally guilty. Mem-
bers of the Legislature are prohibited from promising to
vote on any measure on condition that some other member
will give his influence for or against the proposition. The
legislator making such a promise is deemed guilty of solici-
tation of bribery. The punishment is expulsion and ineligi-
bility to the Legislature, and on conviction in the courts the
offender is liable to a further penalty as prescribed by law,
(Art III., Sec. 42.) A person offering money or any valu-
able thing to an executive or judicial officer or member of the
Legislature to influence him in the performance of his duty,

THE CONSTITUTION OF WYOMING. 101

is guilty of bribery, and may be punished by law, (Sec. 43.)
The punishment for both the one offering the bribe and the
officer receiving same is imprisonment in the penitentiary
for a period not over fourteen years, (Art. III., Sec. 45 and
R. S. 5073.) Bribery by the Governor consists in promis-
ing his official influence in return for Legislative votes or
his promise to veto bills, or the promise to appoint particular
persons to office provided members of the Legislature use
their influence to pass certain measures, or if he threatens
to remove any persons from office, to exercise an influence
on the action of a member. In addition to the penitentiary
punishment he shall forfeit all right to hold an office of trust
or honor in the State, (Art. IV., Sec. 10.)

Personal and Property Rights — The Declaration of Rights
grants all accused persons in criminal cases the right of a
trial by a jury of twelve men. This is called the petit jury, and
consists of men chosen from the county where the court is
held, to decide the issues between the two parties. The
grand jury also consists of twelve men chosen to inquire
into offences which have been committed. This jury makes
a written acquisition, called an indictment, against the alleged
offender. It does not try to prove that a crime has been
committed, but accuses parties supposed to have committed
the offence. While it requires the vote of the entire body
of the petit jury to convict a person, nine of the grand jury
can find an indictment. (D. R. Sec. 9, R. S. 5280.) The
Legislature is prohibited from enacting a law stating what
the exact damages shall be given for injury or death to a
person. Any contract made with an employee agreeing not
to sue for damages is without force, (Art. X., Sec. 4.)
Persons injured in mines by the failure to provide protec-
tion have a right to bring suit against the person or corpora-
tion liable, (Art. IX., Sec. 4.) If private property is needed
for public purposes or for private use it cannot be taken from
the owner without just compensation, (Dec. R., Sec. 33.)

102 THE GOVERNMENT OF WYOMING.

Every head of a family is entitled to a homestead not ex-
ceeding in value the sum of fifteen hundred dollars. This
homestead is exempt from forced sale under any process of
law. This does not apply to sale for taxes or to the obli-
gation of the purchase price of the premises or erection of
the improvements thereon. (Art. XIX, Homestead Sec. i,
R. S. 3901.)

QUESTIONS.

1. What is treason? What is the punishment for treason?

2. Who tries persons guilty of treason?

3. Who can be impeached?

4. Is it wise to give a set of persons control over officials
through removal?

5. What is the advantage of depriving one who is guilty of
bribery from holding any office of trust in the State rather than
making the offender pay a heavy fine?

6. Where is bribery most frequently used?

7. What is the grand jury? How does it differ from the
petit jury?

8. Are the sessions of the grand jury held in secret? Why?

REFERENCES.

Hart, Actual Government, Sees. 571-573.

Fiske, Civil Government, pp. 221, 222.

Bryce, The American Commonwealth, I, pp. 47, 86, 208, 479.

CHAPTER XIV.

State Finances.

TAXES, REVENUES, DEBTS, APPROPRIATIONS, FUNDS.

No authority in the State can surrender its power to lev)'
taxes, (Art. XV., Sec. 14.) The State has a right to im-
pose taxes upon its people and their property in order to
raise money for public purposes. Indirect taxes are duties
upon articles for consumption ; direct taxes are poll tax and
taxes upon land. All the taxes must be uniform and distri-
buted equally among the people. "No tax shall be imposed
without the consent of the people or their authorized repre-
sentatives,*' (Dec. R., Sec. 28.) The great injustice to the
American colonies consisted in England levying taxes upon
her people in this country without consulting them or giving
them a representative in the tax levying house in England.
"Taxation without representation" was the revolutionary
watchword and did much toward bringing the war to a
successful issue. It was something that not only touched
the hearts, but the purse-strings of every colonist. No
State tax can be levied except according to law, (Art. XV.,
Sec. 13.) The law exempts from all taxation all property
in the State belonging to the United States, Indian reserva-
tions, military posts and reserves, government land and all
State property, the State buildings and State land donations ;
county property, court houses and hospitals, city property,
school buildings and property owned for public uses, also
secret, benevolent and charitable buildings, (S. L. 1901,
Ch. 5) ; public libraries, the buildings as well as the books;
property used for religious purposes and cemeteries, (Art.
XV., Sec. 12.) AH other property real and personal is sub-
ject to assessment and taxation, (Sec. i, R. S. 1763.) An
assessment is the fixing of the proportion of the tax which
each person is to pay. Mining and coal lands are taxed,
(Art. XV., Sees. 2 and 3.) The gross products of all the

104 THE GOVERNMENT OF WYOMING.

mines are taxed in addition to the tax on the surface im-
provements, (S. L. 1903, Ch. 81.) For State, county and
city revenue the amount of tax that can be levied is limited
by law. With the exceptions for educational and charitable
purposes and in order to pay public debts the levy limited
for State purposes is four mills on the dollar; for county
twelve mills, and for city eight mills, (Art. XV., Sees. 4,
5 and 6.) A poll tax of two dollars each year is levied on all
citizens between the ages of twenty-one and fifty years. The
poll tax goes to the common school fund of the district in
which the poll tax is levied, (Sec. 5, R. S. 1193.)

The State has a State Board of Equalization, whose duty
it is to fix each year a valuation for assessment on all live
stock; to assess all corporations used as common carriers
and to equalize the valuation of property in the counties for
the State revenue, (Art. XV., Sec. 10.) This board consists
of the State Auditor, State Treasurer and Secretary of
State, (Sec. 9.)

A debt is an obligation to pay money or other valuable
thing. It is usually due through some contract, or for some
value received. In former days those people who could not
pay their debts and could not meet their obligations, were
sent to jail as punishment. Now, except in cases of fraud,
no one can be imprisoned for debt, (Dec. R., Sec. 5.) The
Legislature cannot release any person or corporation from
an obligation or debt held by the State, (Art. III., Sec. 40.)
Public indebtedness is all restricted by Constitutional pro-
visions, (Art. XVI., Sees. 1-4 and 8.) The Legislature has
power to pass bills to raise revenue. Revenue is the income
of the State. It is money necessary to carry on the adminis-
tration of affairs of the State. Bills for raising revenue can
only originate in the lower house. The Senate can propose
amendments to these bills, (Art. III., Sec. 33.) All appro-
priations appear in separate bills, each containing but one
subject, except the general appropriation bill which con-

THE CONSTITUTION OF WYOMING. 106

tains appropriations for the expenses of the several depart-
ments of the State, (Sec. 34.) No appropriation can be
made to institutions or corporations not under the absolute
control of the State. (Sec. 33.) No money can be paid out of
the State Treasury except on appropriation by law and by
warrant drawn by proper officers. All bills against the State
and county must be verified by affidavit ; they must be sworn
to before some one duly authorized to administer oaths, (Art.
XVI., Sec. 7.) The perpetual funds for school purposes
cannot be spent, only the annual income or interest arising
from them can be used. This fund includes all money re-
ceived from the sale or lease of sections sixteen and thirty-
six in each township of the State ; the five per cent as grant-
ed by Congress on the sales of Government lands in the
State ; proceeds which come to the State through forfeiture,
or unclaimed shares of estates of deceased persons. The
money arising from this source is called the common school
fund, (Art. VII., Sec. 2.)* Fines imposed under the general
laws go to the public school fund, (Sec. 5.) The income
arising from these funds must be applied to the support of
the free schools in every county, (Sec. 7.) The distribu-
tion of the same is according to the number of children of
school age in each county. No appropriation can be made
for a school which is taught less than three months in the
year. Private schools can receive no aid from the State
whatsoever, (Sec. 8.)

The public school monies must be securely invested and
the income or interest from such investments must be used
exclusively for the support and use of the free public schools,
(Sec. 4.) These funds are considered as a trust fund in
care of the State, and the greatest caution must be exercised
in the investment of the money. The security given must

*Xhe amount distributed in 1904 to the schools in the state amounted to $71,144.72.
The apportionment to each county was based, not on the enrollment, but on the census
of children of school age. The records give 21,315 school children in the state.

106 THE GOVERNMENT OF WYOMING.

be in bonds of the school districts, or registered county
bonds, State securities, or securities of the United States,
(Sec. 6.) All moneys not invested must be placed or de-
posited in some national bank of this State, drawing inter-
est which must go to the State rather than to the parties to
whom the money was temporarily entrusted. The law pro-
hibits any public officer from using money for purposes
other than those authorized by law, (Art. XV., Sees. 7
and 8.)

QUESTIONS.

1. What is the duty of the State Board of Equalization?
Who compose the Board?

2. What are the limits of the tax levy for State, county and
city?

3. Why is it difficult to tax personal property?

4. Is it more just to levy a tax according to a person's ability
to pay or according to the benefits he receives from the State
Government?

5. ^yhy are the school funds so carefully guarded?

6. How does the State Treasurer obtain the public money
and how does he pay it out?

7. How are the monies invested?

8. How are the revenues raised? Why can a bill to raise a
revenue only originate in the House of Representatives?

REFERENCES.

Hart, Actual Government, Ch. I, (Taxation).
Fiske, Civil Government, Ch. I.
Ashley, The American Federal State, Ch. XXV.
Wilson, The State, Sees. 1258, 1259.

James and Sanford, Government in the State and Nation,
Ch. VI.

CHAPTER XV.
State Officers.

The Governor, the Judges of the Supreme Court, and
members of the Legislature are State officers. The Consti-
tution makes provision for other officers who are elected
by the qualified voters of the State, at the time and place
where the members of the Legislature are chosen. These
officers are a Secretary of State, an Auditor, a Treasurer
and Superintendent of Public Instruction. Each of these
four must be a citizen of the United States, qualified State
elector and at least twenty-five years of age and each re-
ceives a salary of two thousand dollars a year. (Art IV.,
Sec. 13.) Their term of office is four years. All of the State
officers are eligible for re-election after the expiration of
their term of office, except the State Treasurer, who cannot
succeed himself, but may be eligible for the position again
when four years have expired from the time for which he
was elected. (Art. IV., Sec. 11.) This provision is made
to protect the State funds which come under his control.
The frequent rotation of office necessitates the transfer of
money from one treasurer to another and fraud or any ir-
regularity is thus prevented, at least for any length of time.

The official oath of office, which must be taken before en-
tering upon the duties of their respective offices, is as fol-
lows :

"I do solemnly swear (or affirm) that I will support, obey
and defend the Constitution of the United States and the
Constitution of this State, and that I will discharge the duties
of my office with fidelity ; that I have not paid or contributed,
or promised to pay or contribute, either directly or indirectly,
any money or other valuable thing, to procure my nomina-
tion or election (or appointment) except for necessary and
proper expenses authorized by law ; that I have not, know-
ingly, violated any election law of the State, or procured

108 THE GOVERNMENT OF WYOMING.

it to be done in my behalf; that I will not, knowingly, re-
ceive, directly or indirectly any money or other valuable
thing for the performance or non-performance of any act
or duty pertaining to my office other than the compensa-
tion allowed by law." (Art. VI., Elections, Sec. 8.)

Any person refusing to take this oath or affirmation for-
feits the office to which he is elected or appointed, and any-
one violating the oath of office is guilty of perjury and is
disqualified forever from holding any office of trust in the
State. These oaths can be taken before anyone authorized
to administer oaths. The members of the Legislature must
take the oath in the house to which they are elected before
one of the Judges of the Supreme Court or a Justice of the
Peace. (Art. VI., Elections, Sec. 9.) Uniformly these
oaths have been administered by a Judge of the Supreme
Court.

The Secretary of State must reside in the capital and
keep his office in that place. He has the care of the great
seal of the State. The imprint of this seal is placed on all
documents and certificates coming from his office. He has
the custody of all of the documents and papers connected
with the Legislature of Wyoming. These are of extreme
value as they are the laws as originally made, and in cases
of controversy reference is made to the documents as the
most accurate authority to settle the question. The Secre-
tary attests or certifies to all of the official acts of the Gov-
ernor under his "hand and seal," and keeps a register of all
the commissions issued by the Governor and of the Gov-
ernor's official acts. (R. S., Sec. 55.) The Secretary must
give a bond of ten thousand dollars that he will well and
truly perform the duties of his office. He is the custodian of
all the bonds of the other State officers. (R. S., Sees. 54 and
69.) If the position of Governor becomes vacant, he is then
the acting Governor. He receives the salary of both offices

THE CONSTITUTION OF WYOMING. 109

when filling both places. The salary of the Governor is
two thousand, five hundred dollars a year.

If the Secretary of State removes from the State or. is
impeached, the Governor has the power to appoint a Secre-
tary of State. (R. S., Sec. 64.)

The Auditor gives a bond of fifteen thousand dollars.
He is the accountant of the State and audits and settles all
claims against the State except those required by law to be
adjusted by the other officers; he is the keeper of the ac-
counts, vouchers, documents and all papers relating to the
accounts and contracts of the State. He is also ex-officio
Insurance Commissioner whose duty it is to examine into
the conditions and relations of any insurance company
doing business in the State, (R. S. Sees. 70, 72, 82.)

The Treasurer of the State is obliged to give a bond of
twenty-five thousand dollars. He receives and keeps all
of the money of the State not required by law to be kept by
some of the other officers. The Auditor makes out warrants
for bills against the State and the Treasurer pays the bills
as indicated by the warrants, (R. S. Sees. 85 and 86.) He
invests all permanent funds arising from the sale of State
lands, (S. L. 1903, Ch. 30.)

The State Superintendent of Public instruction has the
general supervision of the educational interests of the State
and is an ex-officio member of the board of trustees of the
university, (R. S. Sec. 488.) Each year he distributes the
money received by the State Treasurer for public schools,
including rents of unsold school lands, among the several
counties of the State according to the number of children
of school age in each. The money is paid by the Auditor's
warrant to the county treasurers. The county superintend-
ents have the money sent from the county treasurers to the
several school districts in the county. No district having
a school for less than three months receives any of this dis-
tribution, (R. S. Sec. 93.)

no THE GOVERNMENT OF WYOMING.

In addition to the regular duties of these State officers,
they also serve ex-officio, on State Boards and Commissions
as follows:

State Board of School Land Commissioners: Governor,
Superintendent of Public Instruction and Treasurer.

State Board of Land Commissioners: The Governor,
State Superintendent of Public Instruction and Secretary of
State.

State Board of Charities and Reforms : Governor, Secre-
tary, Treasurer, Auditor.

Capitol Building Commission: Auditor, Treasurer, En-
gineer.

State Board of Condemnation of Sale of Useless State
Property : Secretary, Treasurer and Auditor.

State Board of Equalization : Secretary, Auditor and
Treasurer.

The Constitution does not designate all of the officers of
the State, but delegates some power to the Legislature in
creating such offices as are necessary for the best interests
of good government. It, however, provides for a State
Examiner, who is appointed by the Governor, and confirmed
by the Senate for a term of four years, (Art. IV., Sec. 14.)
His salary is two thousand dollars per year, (S. L. 1903,
Ch. 99.) His duties are to examine all books and accounts
of the several offices of the State and county and to establish
a uniform arid correct system of keeping the financial ac-
counts of these several institutions. He visits these offices
without previous notification at least twice a year and makes
detailed accounts of his inspection to the Governor. In case
the State Treasurer, or a treasurer of a county or municipal
corporation, should be removed, he would take the vacant
place until such time as the office was again filled by proper
authority. Once a year he makes an inventory of all the chat-
tel property of the State, keeping a record of the description
of this property, its location, condition, and cost, (R. S.
Sec. 116, 121-123.)

THE CONSTITUTION OF WYOMING. Ill

The State Engineer is appointed by the Governor and
serves for a term of six years. His salary is two thousand,
five hundred dollars. He has the general supervision of
the waters of the State, and the offices connected with their
distribution. (Art. VIII. , Sec. 5.) He makes measure-
ments and calculations of the discharge of the streams and
makes surveys to determine the best locations for construct-
ing works for utilizing the water of the State and ascertains
the location of the lands best suited for irrigation. All the
needs of the State as to irrigation matters are entrusted
to the Engineer, (R. S. Sec. 104.)

The Governor appoints two Inspectors of Coal Mines
who hold the office for six years, and receive annually two
thousand dollars. One has the jurisdiction of Laramie, Al-
bany, Carbon, Sweetwater and Uinta counties, called Dis-
trict No. I. The remaining counties of the State constitute
District No. 2. The duties of these officers are to examine
all of the coal mines within their district at least once in
three months and to see that all the requirements by law
to protect the miners are being fulfilled. (Art. IX., Sec. i,
S. L. 1903, Ch. 23.) Other mines than coal mines are in-
spected by the Geologist, (S. L. 1903, Ch. 35.)

The State Geologist receives his appointment from the
Governor, confirmed by the Senate, as are all the appoint-
ments made by the executive, (Art. IX., Sec. 6.) He re-
ceives a salary of two thousand, four hundred dollars. His
duties are to report on the mining property and to collect
official information relating to the various mines and to
publish reports upon mining projects in the State in order
to advance the mining industry and to advertise the mineral
wealth of our State, (S. L. 1901, Ch. 45.) He is also ex-
officio Inspector of Mines other than coal mines. He makes
examination of all matters relating to the safety of the per-
sons working in these metalliferous mines, (S. L. 1903.
Ch. 35-)

112 THE GOVERNMENT OF WYOMING.

If vacancies occur in any of the State offices the
Governor has the power to appoint some one to fill the place
until the next election, or until the next Legislature, (Art.
IV., Sec. 7.) This does not apply to members of the Legis-
lature, who have to be elected by a special election, (Art.
III., Sec. 4.) No person holding a United States office
can occupy any official position of this State to which finan-
cial compensation is attached. (Art. VL., Elections, Sec.
7.) The salary of no officer can be increased or diminished
during his term of office. (Art. III., Sec. 32.) The salaries
of county officers are limited by the Constitution and defi-
nitely regulated by Legislative enactments. The amounts
received are gauged in accordance with the assessed valua-
tion of the counties. (Art. XIV., Sec. 3.)

The counties are divided into classes as follows :

Assessed valuation of over five million dollars, first class.

Assessed valuation of over two million, five hundred
thousand dollars and not exceeding five million, second
class.

Assessed valuation of more than one million, four hundred
thousand dollars and not exceeding two million, third class.

Assessed valuation of less than one million, five hundred
thousand dollars, fourth class.

QUESTIONS.

1. What is the advantage of having some of the State offi-
cers elected by the people and some appointed by the Governor?

2. What State officers are elected? When was the last elec-
tion held? When is the next election?

3. What is the reason for prohibiting one from holding a
State office if he cannot take the required oath of office?

4. Explain the duties of the Secretary of State? The Au-
ditor? The Treasurer? Superintendent of Public Instruction?

5. Give the names of the officers holding these positions. Do
any of them come from your county?

6. What authority and power have the State Boards?

THE CONSTITUTION OF WYOMING. 113

7. Is the office of the State Examiner a necessary one? How
can he prevent frauds?

8. Why do we have State Mine Inspectors?

9. What are the duties of the State Geologist?

10. How are vacancies in the State offices filled?

REFERENCES.

Fiske, Civil Government, pp. 167-180.

Ashley, The American Federal State, Ch. XX.

Wilson, The State, pp. 612-639.

Hart, Actual Government, Ch. VIII.

Bryce, The American Commonwealth I, Ch. XLIII.

CHAPTER XVI.

State Lands^ Water^ Labor, Corporations, Militia and
Public Buildings.

The subjects of land and water are equally important in
the arid regions. Land without water is about as valueless
as water without land in Wyoming. They are the hook and
eye that bind the State together. Each is practically useless
without the other in a country where there are no stated
periods of rainfall. The Constitution (Art. XVIIL, Sec.
i) accepted the grants of land made by the United States
to the State for educational purposes, for public buildings
and institutions and other uses and accepted donations of
money as provided in the act of admission of the State into
the Union approved July lo, 1890. All the lands thus do-
nated are unconditionally set aside for the purpose specified
in such act, and the proceeds arising from the use or sale
of same are never expended for any other purposes, (R.
S., Sec. 795, Act of Adm., Sec. 4-14.) These lands cannot
be sold for less than $10.00 per acre. The acceptance of
arid lands from the Government was authorized by the
Legislature (S. L. 1895, R. S., Sec. 934), on the condition
that the State reclaimed these lands and disposed of them to
settlers.

The State Board of School Land Commissioners, and the
State Board of Land Commissioners have control, direction,
disposition and care of all lands granted the State, (Art.
XVIIL, Sec. 3, Art. VII., Sec. 13.) These grants of land
were not from any one locality in the State; they included
stated numbers of acres which could be selected from any
part of the State for special purposes. The School Land
Commissioners have control, direction, leasing, disposal and
selection of the school lands. The other land board selects
and controls all of the other lands donated to the State, (S.
L. 1903, Ch. 78, Sees. I and 2, Art. XVIIL, Sec. 4.) Wyo-

THE CONSTITUTION OF WYOMING. 115

ming, by her Constitution, disclaimed any ownership or title
to the unappropriated public lands within her boundaries or
to any lands owned or held by Indian tribes and also de-
clared that no lands or property of the United States within
her boundaries should ever be taxed. (Ordinance, Sec. 3.)
The right of eminent domain or the right to take private
property for public uses cannot be exercised without com-
pensation to the owner. This right also extends to taking
property and franchises of incorporated companies when
needed for public use. (Art. X., Sees, i and 9.) Private
property can be taken for private use without the consent of
the owner, but only with due compensation, when needed for
private ways of necessity and for reservoirs, drains, flumes,
or ditches on or across the lands of others for agricultural,
mining, milling, domestic or sanitary purposes, (Dec. R.,
Sec. 32.) .

Water — Wyoming was the first State to provide by Con-
stitutional enactment that the water within the borders of
a State is the property of the State. The Constitution of
Colorado holds water to be the property of the public.
When this State was admitted to the Union the Federal
Government ceded to the State the title and control of all
water in the State. There are approximately 98,000 square
miles in Wyoming, or sixty-two million, seven hundred and
twenty thousand (62,720,000) acres of land. There are
probably eight hundred thousand acres of this land irrigated
and nearly twice this area under ditches^ that is, which can
be irrigated when there is a demand for the water from the
ditches. This land, under irrigation, would be practically
valueless except for grazing purposes without the use of
water. The subjects of irrigation and the duty of water
do not receive attention in most of the State Constitutions.
There is no need of it. The rains coming at stated seasons
do for other States what the snow on the mountains, reser-

116 THE GOVERNMENT OF WYOMING.

voirs and irrigation ditches do for the States in the arid
region. Water in Wyoming is essential to industrial pros-
perity. It is limited in amount and is easily taken from its
natural channels, and must be under the control of the
State, (Dec. R., Sec. 31.)

All waters of the rivers, creeks, springs and lakes within
the borders of Wyoming are the property of the State, (Art.
VIII., Sec. I.) The State Engineer and his superintend-
ents of the four water divisions constitute the board of con-
trol who have general supervision of the waters of the State
and of their appropriation and distribution, (Sec. 2 and 4.)
Those who have first used or appropriated water from the
streams for beneficial purposes have the first claim to the
water. This is called priority of appropriation. These ap-
propriations are not denied unless the public interests de-
mand the withdrawal or refusal of the right. (Sec. 3.)
Municipal corporations can acquire the same right as in-
dividuals and can appropriate and use water for domestic
and municipal purposes, (Art. XIII., Sec. 5.)

Labor — Only citizens of the United States or those who
have declared their intention to become such, may be em-
ployed in the construction of public buildings or improve-
ments in this State, (Art. XIX., Labor, Sec. i.) No boy
under fourteen years of age and no girl or woman can be
employed in or about coal or other dangerous mines, (Art.
IX., Sec. 3.) The Legislature makes provision for the
proper ventilation, drainage and operation of all mines, (Sec.
2.) Eight hours are considered a lawful day's work in all
mines and on all State and municipal work, (Art. XIX.,
Concerning Labor, Sec. i.) No person can enter into a con-
tract with any other person or corporation on condition that
if he receives employment the one using his services will be
exempt from liability or responsibility because of personal
injuries due to the negligence of the proper protection for
the employed. (Art. XIX., Labor Contracts, Sec. i.)

THE CONSTITUTION OF WYOMING. 117

Corporations — A corporation is an association of individ-
uals bound together for a definite purpose and permitted to
do business under a special name. A private corporation is
created for the private benefit of the various members and is
allowed to change its members without destroying the asso-
ciation. A municipal corporation is a public organization
created for political purposes, such as counties, towns and
cities and is invested with governmental powers. Corpora-
tions are a part of the State and are subject to its control.
Monopolies and perpetuities are not allowed in Wyoming,
(Dec. R., Sec. 30.) A monopoly is an exclusive right grant-
ed to a few to buy or sell, make or use a given thing ; a per-
petuity is an interest in property or things which cannot be
transferred. Corporations, in order to be legally organized
to do business, must obtain a franchise. A franchise is a
term applied to the privilege granted by the Legislature to
corporations to transact business, (Art. X., Sec. 2.) A
combination of interests, preventing competition is a trust.
Any consolidation of corporations which interferes with the
public welfare, is prohibited, (Sec. 8.) In territorial days
towns and cities derived their corporative power from
special charters, granted by the Legislature. Now they are
organized and classified according to a general law. All
cities having a population of more than four thousand in-
habitants are known as cities of the first class, (R. S., Sec.

1587.)

Railroad corporations are granted the privilege of operat-
ing in the State. (Art. X., Railroads, Sec. i.) All railroads
and telegraph lines are public highways and common carriers
and as such cannot discriminate as to the uses made of them.
All who use them must be treated equally and impartially,
(Sec. 2.) No franchise can be granted to railroads,
telephone, telegraph or electric light lines to be con-
structed in a city without the consent of the officials
of the municipality. (Art. XIII., Sec. 4.) A corpora-

118 THE GOVERNMENT OF WYOMING.

tion is allowed, by its charter, to engage in only
one line of business, (Art. X., Sec. 6.) If the same com-
pany desires to carry on a business in more than one de-
partment additional charters will have to be granted for
each general line. The Legislature and all municipal cor-
porations are prohibited from giving financial aid to any
railroad or telegraph line, (Art. III., Sec. 39, Art. X., Sec.
5.) No corporation is permitted to transact business in the
State until it has accepted the Constitution of the State and
filed such acceptance in the office of the Secretary of State,
(Art. X., Sees. 5 and 6, R. S., Sec. 3058.)

Militia — Technically, the militia of the State is made up
of all able bodied male citizens between the age of eighteen
and forty-five years. It might be called a citizen army.
Actually, the militia consists of all the men who have volun-
teered their services to the State and have enlisted in the
Wyoming National Guards, (Art. XVII., Sec. i.) These
militiamen may be ordered into active service to aid the
civil authorities to suppress or prevent riot or insurrection
or prevent invasion. They act as a State police force at the
call of the Governor. "The right of citizens to bear arms
in defense of themselves and of the State shall not be de-
nied," (Dec. R., Sec. 24.) This military power is always
under the strict control of the civil power of the State, and
no soldier in time of peace can be stationed in any house
without the consent of the owner, (Sec. 25.) The Governor
is commander-in-chief of the Wyoming National Guards.
His staff consists of officers appointed by him for a term of
four years. (S. L. 1901, Ch. 62, Sec. i.) The chief of his
staff is an adjutant-general with the rank of brigadier-gen-
eral, who has general supervision of the ordnance, arms and
supplies of the militia which are the property of the United
States and the State. The enlistments are for a term of three
years. Officers of a company are elected by the company
and commissioned by the Governor and all militia serve with-

THE CONSTITUTION OF WYOMING. 119

out salary unless on actual duty when the compensation is
two dollars per day, (Art. XVII., Sec. 3, R. S. Sees. 718,
729, 739, 742.) No elector on the day of election is obliged
to serve on militia duty unless in time of public necessity,
(Art. VI., Sec. 4.) No military force can be brought
into this State to suppress domestic violence without being
called for by the Legislature, or the Governor, when the
Legislature is not in session, (Art. XIX., Police Powers,
Sec. I.) No military organization of the State can carry
any flag of any nationality except that of the United States,
(Art. XVII., Sec. 4.)

When the President of the United States called for troops
in the Spanish- American War of 1898, our State apportion-
ment was 231, but 338 were mustered in with our first bat-
talion. The call stated that men from our National Guards
or militia should be used as far as possible as they had the
advantage of being better equipped, armed and drilled. The
battalion left Cheyenne, May 18, 1898, for California and
sailed for the Philippines June 2^, and reached Manila Aug-
ust 2, in time to assist in the capture of that city. Upon the
second call for troops from President McKinley, a battery of
light artillery was accepted from Wyoming, containing 125
men who were mustered in June 15, and sailed from San
Francisco November 8, 1898, for the Philippines. In ad-
dition to this seven troops of cavalry recruited in the State
and entered the Second U. S. Volunteer Cavalry which was
organized at Fort Russell under the command of Colonel
J. L. Torrey. Officers and their men numbered 592. They
went to Florida, June 22 y 1898. Wyoming not only sent
her apportionment of soldiers to the war but aggregated
four and one-half times her proper quota. Governor De
Forest Richards, in speaking before the Legislature in 1901,
of their courage and fortitude, said : "Too much cannot be
said in praise of the men of the State of Wyoming, who,
at the first call to arms, offered themselves as champions of

120 THE GOVERNMENT OF WYOMING.

our country's cause." Following his recommendation suit-
able medals were presented in the name of the State to each
participant.

Public Buildings — The Constitution located several of our
public buildings for a period of ten years at least ; after that
time the Legislature might make provision for a re-location
by popular vote of the people. This vote will make the loca-
tiop permanent and for all time. The public buildings lo-
cated were :

The Capitol at Cheyenne.

The State University at Laramie.

The Insane Asylum at Evanston.

The Penitentiary at Rawlins. (Art. VII, Sec. 23.)*
The charitable, reformatory and penal institutions are un-
der the supervision and control of the State Board of Chari-
ties and Reform, which is composed of the Governor, Sec-
retary of State, Treasurer, Auditor and Superintendent of
Public Instruction, (Art. VIL, Sec. 18, R. S., Sec. 632.)
The seat of government or the capitol is under the charge of
the capitol building commission, consisting of the State Au-
ditor, Engineer and Treasurer, (R. S., Sec. 708.) The uni-
versity is under the authority and custody of the Board of
Trustees, (R. S., 490, Art. VIL, Sec. 22.) Other State build-
ings have been erected and put into operation by Legisla-
tive action, but the four mentioned are the only ones enum-
erated in the Constitution, and for which Constitutional
provision has been made, f Article XXI of the Constitution
contains the provisions for transferring from the territorial
to State organization, making all territorial State property
and buildings as well as all laws and obligations of the ter-
ritory to pass to the State.

*These four public buildins^s have remained in the location indicated to this date.
At the general election, to be held in November, 1904, the question of the permanent
site of the buildings will be submitted to the qualified electors of the state. Any lo-
cality receiving a majority of the votes cast for any building sliall be its permanent
place. (S. L. 1901, Ch. 26.)

tSee Part HI, Chap. XXII, Appendix B.

THE CONSTITUTION OF WYOMING. 121

QUESTIONS.

1. What relation do land and water bear to one another in
the arid region?

2. How many acres of land has the Federal Government
granted Wyoming?

3. State the lowest price for which land can be sold? What
is the object in placing the price so high?

4. Who owns the Indian Reservations? The Yellowstone
Park? The ground the Capitol Building stands on at Cheyenne
and the land occupied by the Federal Buildings in the State?

5. What is Eminent Domain?

6. Can private property be taken for private use? Why?

7. What is meant by the term "reclamation of arid land"?

8. What large irrigation enterprise is there in your locality?

9. What is a corporation? A trust? A franchise? A mo-
nopoly? A municipal corporation?

10. Is there a municipal corporation in the place where you
reside? Who controls it?

11. Why are corporations obliged to accept the Constitution
before they can transact business in the State?

12. Has the Governor ever had to call out the State militia?
Why?

13. How many companies of the National Guard are there
in Wyoming?

14. State some good reason why no military organization can
carry any National flag except the Stars and Stripes.

15. What harm could result from having children and women
work in mines? How long is a lawful day's work?

16. Where are the Public Buildings of the State located?

17. What is the meaning of the word charitable, reforma-
tory and penal institutions?

18. When did Wyoming become a State?

REFERENCES.

Act of admission of Wyoming to the Union, R. S. 1899. (Do-
nations of Land.)

Consult Revised Statutes and Session laws of the State. Jour-
nals and Debates of the Constitutional Convention,
Wyoming (of extreme value).

Schouler, Constitutional Studies, Ch. VIII.

Bryce, The American Commonwealth, I, 49, 678, 702.

122 THE GOVERNMENT OF WYOMING.

Ely, Monopolies and Trusts.

Hart, Actual Government, Sees. 215-217 (Labor), 204-205

(Militia), 209 (Corporations).
Wilson, The State, Sees. 1506-1509.
Ashley, The American Federal State, Ch. XIX.
Fiske, Civil Government, pp. 116-136.
James and Sanford, Government in State and Nation, Ch. XL

(Sample Examination Questions Given to Teachers on the Civil
Government of Wyoming.)

1. Name the three forms of government. Give examples of
two of these in Wyoming.

2. Name five State offices filled by election. Five by appoint-
ment.

3. Describe the machinery by which every voter is allowed
to have a voice in the selection of candidates for county, State
and national offices.

4. What are the principal duties of the State Superintendent?

5. What State officer may not succeed himself? Why?

1. What is meant by the jurisdiction of a court? What is
the jurisdiction of a court of a Justice of the Peace?

2. How is a vacancy in one of the county offices filled?

3. Who are the Justices of the Supreme Court and when does
the term of each expire?

4. Does the Secretary of State continue to draw the salary of
the office when advanced to that of Governor? Does he draw
the salary of the Governor in that case?

5. How can one collect a bill against the county?

6. Distinguish between a civil suit and a criminal prosecution.

1. Who is Governor of Wyoming? How did he become Gov-
ernor? How does the Constitution of the United States and
many State Constitutions differ from ours in providing for this
emergency?

2. How are criminals brought to trial before the district
courts? How in the United States courts and in many State
courts?

3. What are the sources of revenue for the support of the
public schools?

4. What is the minimum price for which school lands can be
sold?

5. Name the members of the State legislature from your
county and tell when their terms expire.

PART III

THE ADMINISTRATION OF

AFFAIRS IN WYOMING

CHAPTER XVII.
THE ADMINISTRATION OF JUSTICE,

Laws are a dead letter without courts to expound and
define their true meaning and operation. — Alexander
Hamilton,

The written laws of the State are the Constitution and the
Legislative acts. These acts comprise the statutes of State.
The judicial department applies these written laws to mat-
ters in controversy. Questions under dispute, rather than
to be settled by force of arms or by physical strength are
taken into courts where each party to the legal contest pre-
sents his arguments as to what he believes to be his personal
or property rights. The judicial department then decides on
the strength of the testimony given who is entitled to these
rights. If all were equally just and willing to acknowledge
that our neighbor had precisely as many rights as we have,
then there would be little use of courts. The Judicial De-
partment is the parent, deciding the difficulties between con-
tending children, who, not agreeing among themselves refer
the matter to a more experienced authority possessing im-
partial judgment. Others can protect our interests better
than we can ourselves. The strong right arm of the law is
more powerful and effective than firearms. Wrongs are
more lastingly eradicated by justice than by force. While
the judicial decisions are not really the written law they
apply to the case and hand down the law in the form of de-
cisions and these decisions are accepted as law; inasmuch
as they are the legal interpretation of the intent of the law-
makers.

Judges do not always receive the same light upon the same
points of law^ hence make different interpretations, and one
court often reverses the decisions of another court. Peo-
ple's ideas change, and the law changes with the ideas and
wishes. This, of course, is accomplished through the acts

126 THE GOVERNMENT OF WYOMING.

of the Legislature, the members of the Legislature thus ex-
pressing the wishes of the people who elected them. It is
a wrong idea to think that the government was made for .its
own sake and what the people created for its own use is but
a place for office seekers. The Government is an organiza-
tion for the purpose of carrying out the wishes of the people.
The original object of a government was for the protec-
tion of the people and not that the people were to protect
the Government. If we personally had to defend and pro-
tect each our right most of our time would.be so occupied.
The organized government does the work for us.

Governmental authority can serve the interests of each per-
son much better than if these personal matters were all set-
tled by the individuals directly interested. Education, as
taught through our public school syst«n, is more uniform
and better results are obtained than if each family had its
private teacher. The care of the insane and control of un-
fortunate children have more careful treatment insured to
them when under the control of the State. Marriage and
divorce laws must be governed by a uniform regulation.
Railroads must be governed and commerce directed. The
waters of the State must be carefully utilized and election
frauds prevented. All of these necessary departments of
organization cannot be best served by individual effort. It
requires organized efforts. The law states what the rights
and duties of the citizens are in regard to these common in-
terests, and when a duty is forgotten and a right taken away,
the redress is in our courts of Justice, or the Judicial De-
partment of the State. The acts of these departments are
not based alone on the Constitution and the statute laws
but also on the "common law." The common law is the gen-
eral custom which has been handed down by tradition and is
that part of our legal code which came to us from Revolu-
tionary days and was derived from English law. This law
embraces certain principles which our ancestors brought

THE ADMINISTRATION OF AFFAIRS. 127

across the water with them as birth rights and which are the
basis of our Constitution. This common law is often called
the unwritten law of the State. One of the early laws that
was made by the first Territorial Legislature in October,
1869, (S. L., Ch. 15), was to adopt the "common law" of
England as it existed at the first settlement at Jamestown,
Virginia, in 1607,* as part of our statute law. This act as
passed in our first Legislature has remained unchanged as
it now appears in our revised statutes, (Sec. 2695.) Our
common law is the common law of England and the common
law of England dates back to the time "that the mind of
man runneth not to the contrary."§

All of our rights would exist if we did not have courts,
but unless there was some power to insist that these rights
be protected and to punish those who deprive us of them, it
were as well we did not have them. The Legislative acts
are laws in general affecting all the people of our State.
Decisions of the courts apply the law to some special case
or right. The courts never state that the laws have been
violated, and they never interpret the Constitution or give a
decision unless some special case in controversy is brought
before them for judgment.

All cities with more than four thousand inhabitants, (call-
ed first class), have two Justices who have exclusive juris-
diction over cases which involve offenses against the ordin-
ances of the city when the fine to be imposed does not exceed
two hundred dollars, or, imprisonment for three months,
(R. S., Sec. 1657.) This office is filled by appointment from
the mayor of the city. Every precinct in each county has a
Justice of the Peace. The county commissioners decide how
many voting precincts there shall be over which a Justice of
the Peace shall have jurisdiction, (R. S., Sec. 4316.) These
Justices have authority in their precincts over all civil ac-

*In so far as the same is of a general nature and not local to England
i Blackstone.

128 THE GOVERNMENT OF WYOMING.

tions, or cases concerning the rights or wrongs of individ-
uals, where the amount in dispute does not exceed two hun-
dred dollars. (R. S., Sec. 4323.) The next higher court is
the District Court of which there are four in the State. (R.
S., Sec. 3295.) The highest and last court in the State is the
Supreme Court, consisting of three judges. The decisions
of this court are final except in cases wherein a Federal or
National question is involved, when an appeal lies to the
United States Supreme Court, as provided in the Constitu-
tion of the United States, (U. S. Const., Art. III., Sec. 2.)
A wrong is a violation of the law. The courts determine
if the law has been violated and decide what the punishment
shall be. A wrong in the eyes of the law is either civil or
criminal. When a suit is brought against an offender for
the protection or enforcement of a private right, it is a civil
action. If a wrong had been committed which affects the
security of the general public it is a criminal case. The party
who received the injury is called the plaintiff and the one
who does the wrong the defendant. In a civil case the first
step to be taken in order to secure justice before the law
is for the plaintiff to file a complaint or information before
the Justice of the Peace or some judicial officer. This is a
written statement setting forth the facts as to what has been
done to the one injured and asking the court for damages
or to receive a judgment. The defendant is summoned to
appear in the court and answer the charges. Plaintiff and
defendant, generally, appear with their attorneys who con-
duct the case for them. In civil cases the defendant may file
a demurrer, which is a statement as to some irregularity of
the law, or that the plaintiff has not shown sufficient matter
against him. Finally after several cross and counter claims
made by each side, both parties to the suit settle down to a
single, definite point, which is affirmed by the plaintiff and
denied by the defendant. This is called the issue and on
this the case is tried on its merits before the court authorities.

THE ADMINISTRATION OF AFFAIRS. 129

While the case is tried before the Judge or Justice who acts
as the presiding officer, it is the jury who gives the verdict
for the defendant or the plaintiff. This jury is composed of
six men in courts of the Justices of the Peace, and twelve
men in the District Courts chosen to try the case. Each
side is allowed a number of challenges of the jurors. Either
side may believe a juror would not give a fair or impar-
tial decision ; that he was biased, prejudiced or interested in
the case. This juror is rejected and another one is substi-
tuted, until the number of challenges of each side is ex-
hausted. In criminal cases the law presumes that the de-
fendant is innocent until proven guilty beyond a reasonable
doubt; but in civil cases the plaintiff proves his case by a
preponderance or weight of the evidence only. Hence the
burden of the proof rests on the plaintiff. The one bringing
the suit must prove that the alleged wrong was really com-
mitted by the accused. The evidence to sustain the de-
fendant's guilt or wrong is given by the plaintiff and his
witnesses. The defendant answers these charges and in
time has his witnesses to support his statements. After all
of the evidence is submitted the attorney for each side
argues the case before the jury that the evidence of the case
is on his side and for his client, and he is entitled to a ver-
dict in his favor. When the evidence is all in and the argu-
ments of the counsel have been made, the judge instructs
or charges the jury as to the rules of law which are to gov-
ern them in arriving at their contusion in their verdict. The
judge states the law correctly, clearly and completely so
that the jurors may properly apply the evidence and decide
in accordance with the law the points that are at issue. In
secret the jury deliberates. When they come to an unani-
mous conclusion they return to the court room and give their
written decision. This is the verdict. Sometimes the jury
cannot agree and no verdict can then be given. When this
is the case the jury is discharged by the court and a new

130 THE GOVERNMENT OF WYOMING.

trial can be called before a new jury. Following the verdict
comes the judgment of the court, which is a sentence of the
law. If it is a case that cannot be appealed to a higher
court, and if no appeal is taken the judgment is executed
by the sheriff or other officer carrying out the decision of the
court. If the execution is against the body of the accused
he is placed in prison, if it is against his personal property,
he must compensate the party winning the suit for the injury
given. When an injury is done to some one which not only
injures him but injures the community, in which the wrong
was committed, it is no longer called a wrong, but a crime,
and is a deed which the public punishes in its own name.
Private wrongs are prosecuted by the person injured; pub-
lic wrongs are prosecuted by the State ; (the term "State" is
used to mean "organized society acting through govern-
ment.")

A crime is an act which violates some law that affects the
public and can be punished by the State which prosecutes
the offender in its own name. Crimes in this State are
divided into two classes : felonies and misdemeanors.

Felonies are those offenses which are punished by death
or imprisonment in the penitentiary; misdemeanors are all
other offenses. (R. S., Sec. 5191.) Misdemeanors are pun-
ished by fines or imprisonment in the county jail or both.

The first step in a criminal action is the arrest of the per-
son believed to be guilty of the crime. This is done by an
officer of the law who must have a written warrant from the
court stating the name of the offender and the name of the
crime which he is accused of having committed. One
committing a crime in the presence of an officer can be ar-
rested without a warrant. If an offender escapes to another
State, the Governor of the State in which the crime was
committed issues a requisition on the Governor of the State
where the offender has gone, asking that he be surrendered
or given over to the proper authorities. The offender is

THE ADMINISTRATION OF AFFAIRS. 131

called the principal and those assisting him before or after
the crime are accessories and are liable to punishment. If
the offense committed is a minor one the offender is tried
at once before the proper courts in the county in which the
crime was committed and the fine or imprisonment is made
by the court having jurisdiction over the case. If it is an
offense of greater importance the arrested person is given
a hearing or examination before the Judge or Justice of the
Peace, called a preliminary hearing, when witnesses are
heard upon the charge or complaint unless the accused
waives the examination. If there is not sufficient evidence
to justify a criminal charge the prisoner is discharged. If
there is sufficient evidence against him he is placed in the
jail awaiting his trial, or given his liberty on bail; that is,
some person guarantees a certain sum of money demanded
by the court that the offender will appear in person in the
court when the trial is to take place. Should the offender
fail to appear and cannot be found, the amount of money
guaranteed must be paid the State by those who pledged
the amount. Excessive bail, in order to keep the prisoner
in jail, cannot be required, (Const., Art. i. Sec. 14.) In
capital crime, which is punishable by death, bail cannot
be given when the proof is evident or the presumption great.
Every prisoner who may think that he is illegally held has
the right of "habeas corpus," which permits him to have the
legality of his imprisonment determined, (Const., Art. i. Sec.
17.) All crimes, misdemeanors or offenses in this State are
prosecuted either on an indictment or on information. (R.
S., Sec. 5189.) Indictments come from accusations by the
grand jury and information comes from the prosecuting at-
torney or the attorney who is acting for the legal district in
which the crime was committed. The accused is brought be-
fore the court and the crime of which he is accused is read to
him. He then enters a plea of guilty or not guilty. If he
pleads guilty he is usually sentenced for the offense with-

182 THE GOVERNMENT OF WYOMING.

out further action of law. If he pleads not guilty he is
tried before a jury. If the prisoner is not able to pay an
attorney to defend him, then the State grants him one at
the expense of the county. The State has to prove that the
prisoner is guilty beyond a reasonable doubt. The trial
proceeds much* the same as in civil cases. If the arrested
party is pronounced not guilty by the jury he can never be
tried again for the supposed offense. (Dec. R., Sec. ii.) If he
is pronounced guilty he has an opportunity, through his at-
torney, to make a motion for a new trial on the ground of
some supposed irregularity in the law. If the court refuses
to grant a new trial the judge pronounces the sentence or
punishment which he believes the law requires. The law
in most cases gives the judge some discretion as to the exact
punishment to be given. There is a maximum and a mini-
mum punishment. It may be from five to twenty-five years,
or five hundred to a thousand dollars, or it may be both im-
prisonment and fine. The Judge can decide whether the
punishment will be the "utmost limit of the law," and he may
exercise his judgment and give a light punishment, the
lowest fixed by law.

There is one more chance for the accused in that he may
appeal to the higher court on an error in the proceedings,
which is an asking on appeal for an examination by the
higher court of the proceedings in the case which he
believes contain some irregularity and illegality of the law.
The higher court, if the case is allowed to go there, reviews
the case and either affirms or reverses the decisions of the
lower court. The decision or judgment of the lower court,
if affirmed, is put into execution and the offender pays the
penalty as prescribed by law, and if reversed, the defendant
is granted a new trial. Often the prisoner is tried in another
county than the one in which the crime was committed, ob-
taining a change of venue or place of trial, because he be-
lieves, and so convinces the court by proof, that he cannot

THE ADMINISTRATION OF AFFAIRS. 133

obtain a fair trial in the county where the offense was sup-
posed to have been committed.

The people elect the judge to decide the points of law and
to administer justice, yet the jury system gives to the people
much authority in the judicial department. A trial by jury
can be waived by consent of both parties to the legal con-
test in civil cases. (R. S. Sec. 3659.) The Legislature can
never deprive the citizens of the State of this inherent right
of jury trial. It is a Constitutional provision. (Dec. R.,
Sec. 9.)

The necessity for good government and wise and careful
administration of the laws as given to us by our Judges must
not be overlooked. The Constitutional requirernents for a
Judgeship are safeguards. The selection of the individuals
rests with the people. Wyoming has been singularly fortu-
nate in the selection of her interpreters of the laws. Lynch
law, force and violence are resorted to when a fear has
grounded itself in the minds of the people that justice will
not be speedily given to the offenders ; that technicalities will
exempt the offenders and the real law will not punish. *

The law can be no better than a community. If the people
of the State did not desire law and order our Statute books
might be filled with ideal laws but they would be of no
avail without the endorsement of the people. The people
elect all the officers of the law and the officers, with their
official acts, are an expression of those who put them into
office. Law-abiding people make law-abiding officers. A
knowledge of what the law requires is the duty of each
citizen in order to make obedience of the law possible.

* We have two cases of recent date in our district courts where within seventeen
hours from the time the crime was committed the criminal had his trial, received sen-
tence and was on his way to the penitentiary. In another case, forty-eight hours only
were allowed to elapse between the crime and a commencement of a fourteen years'
sentence in the penitentiary.

134 THE GOVERNMENT OF WYOMING.

QUESTIONS.

1. Who are the members of the Supreme Court? Who is
Chief Justice? How did he acquire his title?

2. Would it be better to have, the Judges appointed rather
than elected? Why?

3. Who are the District Judges? What is their term of office?
Name the District Judges. Which one presides in your district?

4. What safeguards are there in the State Constitution for
the rights of the accused person?

5. How is the petit jury chosen? May women serve as
jurors?

6. Are there any women Justices of the Peace in this State?

7. Has the grand jury ever been called in your county?
Why?

8. What is a civil case? A criminal case?

9. Why does the State act as plaintiff in criminal cases?

10. What does the term "law-abiding citizen" mean? How
can they help in promoting good government?

REFERENCES.

Wyoming, Journal and Debates of the Constitutional Con-
vention, pp. 330, 338, 478, 495, 514, 533.

Blackstone, Abridged Commentaries.

Foster, First Book of Practice.

Wyoming Revised Statutes, 1899, Court of Justice and Civil
Procedure, Sees. 3280-3987.

Morey, The Government of New York, Ch. VIII.

James and Sanford, Government in the State and Nation,
Ch. VII.

MacDonald, The Government of Maine, Ch. VII.

Kellogg and Taylor, The Government of the State and Na-
tion, Ch. XII.

Hinsdale, The American Government, pp. 301-322.

Robinson, Elementary Law.

Visit a court when a trial is in progress.

CHAPTER XVIII.

Elections.

The people of Wyoming are the State and control it.
They have made it what it is. They chose those who fill the
offices of government. The kind of government given the
State depends on the people who made the choice. If the
selection is left to a few, then a few govern. At the polls
there is absolute equality. The vote of the highest official
in the State has no more force, power or authority than one
cast by the humblest laborer. This is all that is meant
when we say the will of the people is expressed in the bal-
lot-box. If you fail to do your part in the government of
affairs, some one else will do it for you. It is useless to
enter a tirade against the politician after election. Reforms
can never be accomplished through this method. The back-
bone of good government is the interest that the respectable
and intelligent voter takes in the nomination of candidates.
This can only be accomplished by attending the first meet-
ings of the political party called to take steps toward an
election. The missionary work in politics must commence
at the caucus or primary. These primary elections resemble
the town meeting where all of the legal voters are repre-
sented in person and have a voice. It is the only political
meeting where all have a personal representation and where
all can take part and exercise direct influence. When this
meeting is ended the management of the election is in the
hands of the committees and delegates chosen by the caucus,
or primary. Political machines are a good thing, if man-
aged by a proper class of men. They are equally demoral-
izing when controlled by corrupt politicians. A political
boss is a political leader acting through strong organiza-
tion and controlling the machinery of the government. He
controls the nomination of candidates for office and dictates
who shall fill the appointive offices. Nothing prevents him

136 THE GOVERNMENT OF WYOMING.

and his followers from being present at the primaries. If
the reformer would commence as early as his opponent in
his organization for reform, the chances of success would
be. more than doubled. Complete and systematic organiza-
tion is necessary for party success. Party action is also a
necessity. It not only enables the politicians to formulate a
definite policy which is to appeal to the voters, but acts in
addition as a check on the similar organizations and detects
irregularities and frauds.

The two reforms which insure an honest expression of
the wishes of the people at the polls are the system of regis-
tration and the Australian ballot system. Registration pre-
vents illegal voting. All persons who claim they have a
right to vote at a coming election must register their names
and addresses before a board appointed by the County Com-
missioners of the district in which they expect to vote. An
alphabetical list is made of all of these persons registered,
and in large precincts is posted publicly where it may re-
ceive inspection. This list is carefully examined by the
leaders of both parties and plenty of time is given to check
on the list and see if only those who are entitled to vote are
registered. (R. S., Sees. 249-259.) This method prevents
the same person from voting more than once, as he can only
vote in the precinct where he is registered and when he has
voted his name is checked on the list by the election officers.

The Australian ballot system is used in every State ex-
cept five. This is called the secret ballot system and origi-
nated in Australia in 1857. Not only may the voting be se-
cret, but it must be. Secrecy is compulsory, and any one
showing his ballot after it is marked and before handing it
to one of the judges of election is subject to imprisonment
of six months in jail, or a fine of not exceeding five hun-
dred dollars or both. (R. S., Sec. 318, divs. 15 and 22,)
All the States do not have the same requirements for the
qualification of voters. Only five of the States require

THE ADMINISTRATION OF AFFAIRS. 137

property qualifications. Connecticut, Massachusetts, Maine,
Wyoming, Delaware and California require educational
qualifications. The four States in the South, Mississippi,
Alabama, South Carolina and Virginia, require the voter to
read or understand any special section of the Constitution.
Some States require a poll tax, Wyoming does not. (R. S.,
Sec. 387.) Utah and Idaho make religious qualifications. Po-
lygamy, which is claimed to.be a part of religion, is pro-
hibited in these State Constitutions. Some few States re-
quire a property qualification, but this requirement is being
abandoned. Every State makes residence in the State one
of the requirements necessary for voting. Most of the
States require residence of one year. Wyoming grants the
right of suffrage to every citizen over twenty-one years of
age who has been an actual resident of the State for one
year and has lived in the county in which he wishes to vote
at least sixty days just prior to the election and who is able
to read the Constitution of the State. (R. S., Sec. 203.)
The exceptions to this privilege are those who are of un-
sound mind, those who have been convicted of any felony
and to whom the civil rights have not been restored by par-
don, and also those who have made or become interested in
any bet depending upon the results of the election. (R. S.,
Sec. 379.) Hence the election franchise is denied to minors,
insane, criminals, illiterate and non-residents. Wyoming,
Colorado, Idaho and Utah grant women the right of suf-
rage. Washington as a territory granted this right, but it
was not included in the State Constitution. Colorado did
not have universal suflFrage in her first Constitution ; it was
adopted as an amendment. In Kansas the women have muni-
cipal suffrage. Iowa and Montana allow the women to vote on
financial questions, and many States grant equal suffrage on
educational questions. The first step toward an election is the
call for a primary or first meeting of those who are inter-
ested in the success of a «^oe^ial political party. This call

138 THE GOVERNMENT OF WYOMING.

is printed in the papers and signed by the officers of the
political organization calling the meeting. At this meeting
delegates are elected to attend a convention where nomina-
tions are made for the offices to be filled. If the election is
to be for State officers, the convention contains delegates
from all the counties of the State. If the nominations are
for county offices the delegates meet in a county convention,
and if the election is for city offices the several wards are
represented by delegates in city convention. All of these
nominations are made some time before the time of election
of those who are to fill the positions. At these conventions,
particularly State conventions, the delegates put in written
form for publication a statement of what the politics of the
party they represent stand for; setting forth its doctrines
and making pledges to the people of the State, if the ticket
containing their candidates is elected. This statement is
called the platform of the party. The campaign is usually
made on the issues as stated in the platform. The interval
between the time of the nominations and the elections gives
the opposing parties opportunity to appeal to the voter for
his support. Not only are speeches made by the politicians,
but literature is widely distributed containing arguments
which are used to convince the public of the importance of
the success of the party soliciting the votes. The County
Commissioners appoint two registration agents for each
elective district in which prior registration is required. Reg-
istration is required in all towns incorporated, and in elective
districts located on a line of railway where at least one hun-
dred votes were cast at the last election. (R. S., Sec. 249.)
The other localities must register their voters on election
day when application is made to vote. (Sec. 274.) If a
voter who is required to register was detained by sickness
or otherwise prevented from registering at the proper time
before the election he is allowed to vote upon filing an affi-
davit with the judges of election, supported by two wit-

THE ADMINISTRATION OF AFFAIRS. 13»

nesses, that he was unable to register as required by law.
(Sec. 327.) A printed list is made of all the regularly reg-
istered voters and posted for inspection and correction.
This list is kept by the judges of election and from this
they judge whether the applicants to vote are legally enti-
tled to that right. Each precinct has a place where all of
the residents of that locality vote. This is called the polling
place or election booths. There are as many of these places
as are necessary and convenient for the voters. At this place
are three judges who are appointed by the County Commis-
sioners, not more than two of whom can be of the same po-
litical party. These judges select two clerks who assist
them during the election and in the counting of the ballots.
Election officers have much to do with the successful inde-
pendent voting, and their integrity and honesty should b?
above suspicion. Candidates may be nominated for office
outside of the conventions. This method requires the signa-
tures of at least 100 voters if the office which the candidates
seek is to be filled by the entire vote of .the State, or by
twenty-five when it is a county office. All nominations made
for office for proposed constitutional amendments and ques-
tions submitted to popular vote must be certified to by the
officers of the conventions and filed with the proper authori-
ties; nominations for State offices must be filed with the
Secretary of State, and for county offices, including members
of the Legislature, with the county clerks.

The general election in the State is held on the Tuesday
after the first Monday in November in the even numbered
years. Every four years after 1900 at the general election
there will be elected the presidential electors to which the
State may be entitled. (Sec. 196.) The State officers, in-
cluding the Governor, Secretary of State, Auditor, Treas-
urer, State Superintendent of Public Instruction, are elected
every four years after the year nineteen hundred and two.
If a vacancy occurs in any State office within two years

140 THE GOVERNMENT OF WYOMING.

after the office was filled, an election takes place to fill the
office at the time of the general election, held when the
Presidential electors are elected. (Sec. 195.) Justices of
the Supreme Court and District Judges are elected at either
general election which precedes the expiration of their re-
spective terms. (Sees. 200, 201.) At each general election,
every two years, the following county and precinct officers
are elected by the votes in their respective counties and pre-
cincts : The Clerk, Commissioners, Surveyor, Sheriff, Treas-
urer, Prosecuting Attorney, Superintendent of Schools,
Coroner, and in counties of the first class Clerks of the Dis-
trict Court, Justices of the Peace, and Constables. (Sec.
202.) There are also elected at each general election a
Representative to Congress and members of our State Leg-
islature from each county. (Sec. 195.) In some of the
cities of the State which were incorporated under a special
charter, the election of Mayor and Councilmen takes
place at the same time as the general election. The term of
the Mayor and Councilmen is for two years, hence the mu-
nicipal election is held at every general election. There are
thus elections when the electors of the State vote for
national. State, county and municipal candidates. On elec-
tion day, when the voter presents himself at the polling
place of his precinct, he is given an official ballot printed on
white paper. This is handed to him by one of the judges
of election, the official stamp appearing on the back of the
ballot. This ballot is taken to the booth or stall : there the
voter designates on the ballot by a cross (X) the candi-
dates he wishes to be elected. These ballots contain a list
of all of the nominated candidates for all of the offices and
also the proposed Constitutional amendments or public
questions. All of the political parties casting 10 per cent of
the votes in the State at either of the last two general elec-
tions are entitled to a separate column on this ballot in
which to place their party nominations. The columns are

THE ADMINISTRATION OF AFFAIRS. 141

headed with the party name, as "Republican" or "Demo-
crat." If one wishes to vote a straight party ticket he places
his "cross mark" or an X in a small square below the party
name at the head of the ticket. If he wishes to vote for his
party ticket, with a few exceptions, he places the cross as
before and erases the name of each candidate for whom he
does not wish to vote. If he desires to vote for candidates
of some other party for these offices so erased, he places a
cross to the right of the names in the other column, or other
political party. This is called a "scratched ticket." If he
wishes to vote for some one not named by any of the par-
ties, he may place in writing for the name he erases another
name. There is nothing to prevent a voter from writing on
his ballot the name of any person for whom he desires to
vote for any office. (Sec. 289, Div. 10, Sec. 321.) No one
is permitted to assist the voter in preparing his ballot, unless
physically unable to write. In that case two of the election
judges may do the marking in accordance with the voter's
directions. (Sec. 328.) The Constitutional amendments
are voted upon by the words "yes" or "no" being placed
after the proposed amendment. The elector may take a sam-
ple ballot into the voting booth with him to assist him in
marking his ballot, but the same must be marked "sample
ballot" and be printed on red, green or blue paper.

The elector folds his ballot so that the stamp of the
judge which was placed on the back can be seen by the
judges when it is placed in the locked ballot-box. Thus the
ballot is cast and the vote has been made. This is the Aus-
tralian ballot system. No one can dictate how the ballot
shall be marked and know that his dictations are
carried out. No one can buy a vote and be sure
that the elector voted as he promised. Without this system
ballots could be prepared by men who are interested in the
election of certain individuals and placed in the hands of the
electors, to be dropped in the ballot-box without the slight-

142 THE GOVERNMENT OF WYOMING.

est knowledge on the part of the voter for whom the votes
were being cast. The secret ballot system robs the political
machinery of its monopoly and avoids the dictation of the
employer to the employed. With the Australian system every
candidate has an equal chance, coercion ceases and the ballot
is in reality a "free and honest expression of the convictions
of every citizen."

QUESTIONS.

1. What is the Australian Ballot system? What are its ad
vantages?

2. Is fraud prevented by registration?

3. What are the qualifications for an elector?

4. What is a primary? A State convention?

5. What is a ballot?

6. Were any State elections ever held by voting by voice
rather than by ballot?

7. What is the object in having the official ballot white and
the sample ballots colored?

8. May an election be held in a saloon?

9. Define a general election.

10. What are the duties of a Presidential elector? How many
times have they been elected in this State?

11. Who votes for State officers? For County officers? For
members of the Legislature?

12. Give a list of County officers and name those who occupy
the positions in your county.

13. What is the difference between a majority and a plurality?

14. Does a government of the minority exist in the State?
Why?

15. Is an educational qualification for voters better than a
property one?

16. State a reason why aliens should not vote?

REFERENCES.

Wyoming Revised Statutes, 1899, Sees. 165-169, 195-420.
Hinsdale, The American Government, Ch. LIV.
Hart, Actual Government, Ch. IV.
Ashley, The American Federal State, Ch. XXII.

THE ADMINISTRATION OF AFFAIRS. 143

MacDonald, The Government of Maine, Ch. VI.
Morey, The Government of New York, Ch. V.
Kellogg and Taylor, The Government of the State and Na-
tion, Ch. XIII.
James and Sanford, Government in State and Nation, Ch. V.
Hart, Practical Essays on American Government, Ch. II.
Bluntschli, The Theory of the State, Ch. XXII.
Bryce, The American Commonwealth, Vol. II, Ch. LIII.
Wilson, The State, Sees. 1121, 1143, 1144.

CHAPTER XIX.
Education and School Laws.

Free education in Wyoming extends from the kinder-
garten to the university; from the age when blocks and
bright colors hold the attention of the little one to the age
when cap and gown and diploma announce that college edu-
cation is completed. The course of instruction given by the
State covers a continuous period. No private instruction is
required to take the successive steps from primary room,
through the grades, the high school and the university. The
schools are sustained and supported at the expense of the
State and the National government. The source of revenue
is derived by taxation and by rents and sale of the school
lands. The tax is paid by the people of the State and the
lands were a donation from the government.

The basis of our endowment for our public schools dates
back to 1785, when a provision was made for surveying and
dividing the public lands into townships or tracts of land
six miles square, each containing thirty-six sections one mile
square. Section sixteen in each township was given to the
States for common school purposes. In 1848 this gift was
extended so as to include section thirty-six. All of the
States admitted to the Union since 1802 have received this
gift of sections sixteen and thirty-six for school purposes.
Surveys to locate boundaries of States and counties in
States before the Ordinance of 1785 were made in a most
irregular way, sometimes following streams, where when
the channel changed the boundary line, the line would be in
question, or by blazing trees, which when destroyed removed
the definite location of the division line. This "rectangular
system" of surveys has removed the uncertainty of the
boundary lines between the States and between private par-
ties. All public lands are surveyed and sold by this system.
Streams, county roads and farms are located by township

THE ADMINISTRATION OF AFFAIRS.

145

lines. Each section contains 640 acres, hence out of each
township 1,280 acres are set aside for the common school
system of the State in which the township is located. A
further division is made of each section which is subdivided
into halves and quarters.

60 Acnes

A quarter section of land contains 160 acres and this is
the legal subdivision of land by which homestead claims are
filed upon by the settler when he wishes to obtain land from

146 THE GOVERNMENT OF WYOMING.

the government.* When Wyoming became a State she dis-
claimed forever any right or title to the unappropriated pub-
lic land within her boundaries. (Const. Ord., Sec. 3.) Any
title that the State may have to land comes through the gov-
ernment, which has been generous in its endow-
ments of acres to be used for State purposes. By Constitu-
tional limitations the minimum price at which this State
land can be sold is ten dollars per acre. This is a wise pro-
vision, for the sales of the public school lands donated to the
older States were badly mismanaged and sold in some States
at so low a price as to amount to almost nothing. The com-
mon school lands in Wyoming embrace 3,457,999 acres.
About two-thirds of this school land is leased or rented.
All of the school land could be rented if it were of a desir-
able kind ; but much of it is mountainous and unfit for graz-
ing or agricultural purposes. The average rent per year for
this land is about five cents per acre. The school lands
rented amounted in 1903 to $68,133. The money derived
from the sale of the school lands cannot be spent, but must
be safely invested as a permanent endowment fund, the in-
come or interest from which is applied to the common school
purposes. In addition to this land gift in the State, the
government also gives for the support of the common schools
five per cent of the proceeds of the sales made by the United
States of public lands lying within the State. In 188 1 Con-
gress granted Wyoming seventy-two sections or 46,091
acres of land to be used for university purposes. When the
territory became a State the provision was made that this
land also could not be sold for less than ten dollars per acre,
and the proceeds of the sale must constitute a permanent
fund, to be safely invested. By the Act of Admission of the
State of Wyoming 90,000 acres of land were granted for
the use and support of an Agricultural College. The pro-

"The land is sold to the settler in the U. S. I^nd Offices which are located at Chey-
enne, Evanston, Douglas, Lander, Buffalo and Sundance.

THE ADMINISTRATION OF AFFAIRS. 147

visions for the use and disposal of this land are the same as
the common school land.

In addition to these land donations the State has received
the following from the government for the establishment
and maintenance of the

Insane Asylum 30,000 acres

Penitentiary, Albany and Carbon

County 60,000

Fish Hatchery 5,ooo

Deaf, Dumb and Blind Asylum. 30,000

Poor Farm 10,000

Hospital for Miners 30,000

State, Charitable, Educational,
Penal and Reformatory Insti-
tutions 260,000 "

(Act. Ad., Sec. 11.)
Thirty thousand acres from the 260,000 have been ' set
aside by the Legislature for the use of the Soldiers and
Sailors' Home and fifteen thousand acres for the Miscella-
neous State Library. (R. S., Sees. 695, 478.) By an act
of Congress, passed July 2, 1862, each State was given
30,000 acres of land for each Senator and Representative
to which it was entitled by the apportionment in Congress in
i860. This is the famous Morrill or Agricultural College
Act from which the State has received benefit since 1890.
This was the greatest grant ever given for the cause of
education. The land alloted to all of the States under this
act amounted to 10,110,852 acres. The civil war was in
progress when the law was passed and provision was made
for instruction in military science in all agricultural colleges
to be established under its provision. It is for this reason
that military science and tactics are taught at our own State
University; the College of Agriculture is a "land grant"
college and one of the departments of the University. We
have never sold any of our 90,000 acres acquired under this

148 THE GOVERNMENT OF WYOMING.

act, but derive an annual revenue from the interest which
accrues from the investment of the money which was ob-
tained by leasing the land. Hon. Justin S. Morrill again in-
troduced a bill for agricultural purposes which became an
act August 30, 1890. This act gives each agricultural and
mechanical college established under the provisions of the
act of 1862 an additional endowment of $25,000 annually.
Some estimate of the value of this Federal gift to the States
can be realized by the statement that 50,026 men and women
have graduated from "land grant" colleges and 46,699 are
now taking advantage of education as given under the "Mor-
rill Act."

For purposes of research work in agriculture and allied
sciences most of the agricultural colleges receive further as-
sistance through the Act of Congress of March 2, 1887,
known as the "Hatch Act." This gives an annual endow-
ment of $15,000 each year to be used for work and investiga-
tion in the experiment stations. An Experiment Station de-
partment was established at our State University in 1891
and experiments are being carried on with a view of aiding
and developing agriculture, stock raising and the related
industries of the State. The results of these experiments are
published as bulletins and are distributed to the residents of
the State and those interested in these subjects.

This State is divided into School Districts. Each district
is controlled by a board of trustees or directors, members
of which live in the district where the schools are located.
In districts containing less than one thousand inhabitants
three trustees compose the governing board ; districts having
more than one thousand inhabitants have six trustees.
Their term of office is for three years and they receive no
compensation. (R. S., Sees. 525, 526.) In the management
of school affairs the citizens exercise the right of direct
legislation. All questions of money to be raised by a
special tax; questions of expenditures, improvements and

THE ADMINISTRATION OF AFFAIRS. 149

buildings and the number of schools to be maintained are
voted upon by the people of the district at the annual school
election held the first Monday in May when the election of
trustees takes place. (Sec. 531.) The qualified voters of
any district are responsible for the condition of their pub-
lic schools, because they have it in their power to directly
regulate the amount of money to be used in the district
for educational purposes, and elect by direct vote those who
are to carry out their expressed wishes. Each county has
a county superintendent of schools who serves for a term
of two years and is elected by the people of the respective
counties. The salary varies from nine hundred to five hun-
dred dollars a year. (The amount being regulated by the
population and valuation of the school district.) The first
school taught in Wyoming was at Fort Laramie in 1852.
Post Chaplain Richard Vaux conducted a post school, com-
posed of the children of the officers of the military post.

No teacher in the public school is eligible to the office of
county superintendent. (Sec. 1190.) Annually the county
superintendent sends to the State Superintendent of public
Instruction a written report of the condition of the schools
in his county, which is compiled from the reports sent to his
office by the several school district clerks. ( Sec. 1 192.) The
county superintendent divides the county into school dis-
tricts and may change or alter the boundaries of those now
formed when so petitioned by two-thirds of the legal voters
of the district. (Sec. 1195.) In December of each year
he apportions the county school tax and all money in the
hands of the county treasurer to the schools in his district
and divides monies that have been apportioned and dis-
tributed to his county by the State Superintendent for
school purposes. This apportionment is made in accordance
with the number of pupils in attendance at the schools in his
district. (Sec. 1194.) No portion of money received from
the State Superintendent can be given by the county super-

150 THE GOVERNMENT OF WYOMING.

intendent to any district which has not maintained a school at
least three months of the year. (S. L. 1903, Ch. 91, Sec. 6.)
County superintendents annually conduct a county institute
for teachers and hold examinations twice a year for appli-
cants who wish to teach. Each applicant is examined in
spelling, reading, penmanship, arithmetic, grammar, geog-
raphy, civil government, history and constitution of the
United States, the constitution of Wyoming, physiology,
hygiene, the theory and practice of teaching. An average
grade of eighty-five per cent or over entitles the applicant
to a second-grade certificate, which enables the holder to
teach for two years without an additional examination. A
third grade certificate is granted to those receiving an aver-
age between eighty-five per cent and seventy per cent. This
entitles the holder to teach one year without further examin-
ation. First grade certificates do not require an examination
for four years. In addition to the requirements for a second
grade certificate, examinations for a first grade certificate
must be taken in rhetoric, algebra, physical geography, plane
geometry, English literature, political economy, and any
two .of the following branches: botany, zoology, natural
philosophy, biology, chemistry, psychology and book-keep-
ing. (S. L. 1901, Ch. 57 ; S. L. 1903, Ch. 90, Sec. i.) A State
or professional certificate, which is granted upon examina-
tion by the State Board of Examiners, entitles one to teach
six years without examination. This board prepares ques-
tions for the use of the county superintendents. It is com-
posed of three members appointed by the State Superintend-
ent, and the selection is made from the principals of the high
schools, city and county superintendents and the faculty of
the State University.

Graduates from our State university are exempt from tak-
ing a teacher's examination, also those teachers who have
had a professional training in a high grade normal school
and who have successfully taught. (S. L. 1901, Ch. 57.)

THE ADMINISTRATION OF AFFAIRS. 161

The Statp Superintendent of Public Instruction has gen-
eral supervision of all of the district schools of the State.
He has authority to make all necessary rules and regulations
to carry out the State school laws. (R. S., Sec. 91.) Once
a year he distributes to the county superintendents for the
use of the public schools all the money in the State treasury
to the credit of the school income fund. This money
includes the five per cent sales of the public lands by the
United States and the rents of the unsold school lands. The
money is apportioned in the same manner as the county tax,
which is distributed to each school district pro rata to the
number of school children of school age in the district.
(Sec. 93.) The State Superintendent of Public Instruction
is a member ex-officio of the trustees of the State University.
(Sec. 488.) He is also a member of the State Board of
School Land Commissioners, of the Public Land Commis-
sioners for the selection of State lands and of the Board of
Charities and Reforms. (See State Officers.)

Free kindergartens for the instruction of children from
four to six years of age are a part of our public school
system. The cost of maintaining these schools is paid
from the special school fund of the district having the kin-
dergarten, and the sum so expended is annually determined
by the electors of the district at their annual meeting. (Sec.
593.) The county superintendent and the district school
board or directors determine whether a high school shall
be established in the district. The teachers at the county
institute may determine the studies to be pursued and the
State Superintendent has power to carry into effect the
courses of study so determined. (Sec. 551.) The high
schools of the State prepare students to enter the fresh-
man class of the State University without examinations.
Until more high schools are established in the State, the
University will be obliged to maintain three preparatory
years, the first of which admits pupils who have graduated

152 THE GOVERNMENT OF WYOMING.

from the eighth grade of our public schools. . The Uni-
versity finishes the system of public schools in our State.

The Universit}* with its several departments was estab-
lished in 1886 and received students in the fall of 1887.
The State Normal School, the College of Liberal Arts, the
School of Mines, the Agricultural and Mechanical College,
the Business College and the School of Music, are a part of
the University. All of the institutions of higher learning are
centered in one locality and each is part of the University.

There are no denominational colleges in the State.

All educational institutions supported wholly or in part
by the State, above the second grade, must give instruction
in physiology and hygiene with special reference to the
effects of alcohol and narcotics upon the human system.
(Sec. 612.) The humane treatment of animals must also
be taught and the instruction must consist of not less than
two lessons of ten minutes each per week. (S. L. 1901, Ch.
8.) That no one may be denied the privilege of a common
school education on account of expenses attached to the pur-
chase of school supplies, free text-books are furnished to all
public school pupils by the school boards. (S. L. 1901, Ch.

38.)

Provision has been made by which the birds and their nests
and eggs are protected. A fine of five dollars or imprison-
ment for ten days, or both, may be imposed upon any one
killing or catching birds, other than game birds, or taking
or destroying their nests or eggs. The State Superintend-
ent of Public Instruction may issue a certificate which will
permit the holder to collect birds, nests, or eggs for sci-
entific purposes. (S. L. 1901, Ch. 37.)

The legal holidays of the State, when schools are not in
session, are January first. New Year's Day; February
twelfth, Lincoln's Birthday ; February twenty-second, Wash-
ington's Birthday ; thirtieth of May, Decoration Day ; Fourth

♦Charles Willard Lewis, M. S., D. D., President.

THE ADMINISTRATION OF AFFAIRS. 163

of July; Thanksgiving Day; twenty-fifth of December,
Christmas ; days on which our general elections are held and
Arbor Day. The date for Thanksgiving Day is designated
by the President of the United States. It is usually the last
Thursday in November. The exact date for Arbor Day is
made by the Governor, always in the spring, in time to plant
trees.* (S. L. 1901, Ch. 93.)

As a stimulus to patriotism the law requires that the
trustees in each school district shall cause the American flag
to be placed on the schoolhouse of their district and remain
there each day while school is in session. (S. L., 1903,
Ch. 83.)

QUESTIONS.

1. What is the Public School system?

2. Explain how the school acquired title to Sections 16 and
36 of each Township.

3. Draw a diagram of a Township, locate the School Sections
and the southeast quarter of the southwest quarter of Section 8.

4. How many acres of land are there in the southwest quar-
ter of the southeast quarter of Section 16?

5. What is the lowest price at which school land can be sold?

6. Name the State institutions that received land grants from
the Government.

7. Explain how revenue for the Agricultural Colleges and
Experiment Stations is obtained.

8. What is a School District?

9. Who elects School Directors? Who elects the County
Superintendent? The State Superintendent of Public Instruc-
tion?

10. What are the duties of each of these officers?

11. Of what use is a teacher's certificate?

12. Who are exempt from teachers' examinations?

13. What is a kindergarten? A graded school? A high
school? A university?

14. What are the public schools of the State required to
teach?

*The State Superintendent of Public Instruction has recommended to the teachers
of this State that the Arbor Day exercises be combined with a program for Bird Day.

151 THE GOVERNMENT OF WYOMING.

15. Name the legal holidays in this State. How long has the
State observed Lincoln's Birthday?

16. State the regulations in regard to the protection of birds
of the State. How could you be allowed to make a collection
for the schools?

REFERENCES.

Ashley, The American Federal Government, pp. 371-375;
Sees. 187, 449.

Boone, Education in the United States.

Butler, Education in the United States II, p. 613.

Hinsdale, The American Government, Ch. LVI.

Hart, Actual Governriient, Sees. 154, 231.

Fiske, Civil Government, pp. 81-88.

James and Sanford, Government in the State and Nation, Chs.
IX, XXVIII.

Hart, Practical Essays on American Government, X.

Knight, The Birds of Wyoming (Free on application to the
University).

Wyoming School Laws, compiled by the State Superintend-
ent of Public Instruction.

CHAPTER XX.

Irrigation and Forest Reserves.

" In the arid West water is gold." For her superior laws
regulating the use of water, Wyoming has been called the
law-giver of the arid region. Our State Supreme Court
has never acted upon but few water cases. This must not
be taken to indicate that there are no conditions existing
in the State where litigation over water might arise, but
that the water laws are so wisely constructed that the
appropriators of water know what their rights are and thus
avoid endless lawsuits. That this condition of affairs exists
in our State where over nine thousand people have water
rights and take water from more than six hundred streams,
speaks well for the Constitution-makers and law-builders,
as well as for the owners of the ditches. The Declaration of
Rights in our State Constitution, Sec. 31, recognizes the
importance of the question of water in an arid region, and
places absolute control of the waters with the State. The
waters from all of the natural streams, springs, lakes and col-
lections of still water within the borders of the State are
State property, and are controlled by a board which super-
vises the appropriation, distribution and division of these
waters. The board consists of the State Engineer and his
four division superintendents, all of whom are appointed
by the Governor with the consent of the Senate. The board
acts as a court and has original jurisdiction in water right
controversies. The State Engineer, whose office is in the
Capitol Building, keeps a record of all appropriations of
water. Priority of appropriation for beneficial uses gives
the best title to water, but actual use of the water so appro-
priated must be shown before an appropriator's title can be
recognized. Those who first utilize the waters of a stream
for useful purposes are the prior appropriators. The water
is conveyed through ditches that connect the streams with

156 THE GOVERNMENT OF WYOMING.

the land which is to be reclaimed or irrigated. Prior right
dates from the time when construction commenced on these
ditches. If due diligence is not shown in making these
ditches, the right commences with the time when water was
actually conveyed through the ditch to be used on the land.
The State Engineer keeps a record of all the ditches and
their capacity for carrying water. Each stream is gauged,
and the amount of water flowing through its channel is
carefully measured. The amount of land that can be
irrigated by these waters is also estimated. These records
give the information by which a just divison of water can
be made by the Engineer to the land owners of the State.
The law requires the State Engineer to make and keep in
his office a map showing the course of each stream gauged,
the location of each canal and ditch and the legal subdivisions
of land which have been irrigated. (R. S., Sec. 871.)
The amount of water allowed to each appropriator is one
cubic foot per second of time for each seventy acres of land
for which the appropriation is made. In order to establish
a legal claim to a ditch and to obtain a right to use water
from a stream, application for this privilege must be filed
with the State Engineer, who grants a permit. Sometimes
all of the water of a stream is appropriated and to allow
further use of it would injure rights previously granted.
In this case the Engineer can reject the application and
refuse to permit further use of the water from the stream.
Appeals from the decisions of the Engineer can be taken to
the State Board of Control and from this board to the
district courts. To use water from a stream in Wyoming
without a permit from the Engineer is a misdemeanor. (R.
S., Sec. 971.) A title to water is given to the lawful appro-
priator and he becomes a partner with the State as part
owner of the stream from which he has taken the water.
When all of the requirements of the law are fulfilled, the
State Board of Control issues a certificate and gives the

THE ADMINISTRATION OF AFFAIRS. 167

applicant a right which cannot be taken from him except
by failure on his part to keep his canals and ditches in
repair and failure to use the water for two successive years.

Our last Legislature passed an act (S. L. 1903, Ch. 69)
authorizing persons or corporations to construct reservoirs
for the storage of the unappropriated waters of the State,
to be used for beneficial purposes. Applications and per-
mits for this work must be approved by the State Engineer
in the same manner as the water applications.

The most important provisions of the irrigation laws of
Wyoming stipulate that water belongs to the land irrigated
and not to the ditch or individual; that there must be a
central office of record where all information concerning the
flow of streams and the area of the land irrigated by each,
can be obtained; that claims of water are to be settled
before complications arise, the State taking the initiative;
and that all claimants are represented in the process of
acquiring their title.

The United States Government under the Desert Land
Act gives 320 acres of land to any one who will irrigate
the land and pay $1.25 per acre. Originally a person could
file on an entire section, or 640 acres, but during recent years
this amount has been reduced, and if a settler has a home-
stead of 160 acres he can only file on and purchase 160
acres of desert land. Thousands of acres of desert land in
Wyoming have been acquired through this act. The title
to land comes from the government. The title to water
comes from the State. The patent to the land comes from
the United States ; the patent to the water comes from
Wyoming.

Congress in 1894 passed an act commonly known as the
Carey Act, which donated to each of the States in the
arid region one million acres of land for actual settlers.
The provision attached to the gift was that the land should
be irrigated, reclaimed and settled by actual settlers in

168 THE GOVERNMENT OF WYOMING.

small tracts. The selection and management and disposal
of this desert land in Wyoming is vested in the State Board
of Land Commissioners. , The ditches built for use in re-
claiming are not built by the State, but by irrigation com-
panies who agree to sell them to the settlers at a reasonable
price. Wyoming was the first State to accept the provisions
of this act, and at the present time has 800,000 acres segre-
gated for this purpose. Title to this land after being
reclaimed passes to the State and then to the settler, who
pays fifty cents an acre for the land. In 1902 Congress
passed another act appropriating the receipts from the sale
of public land in thirteen States and territories for the con-
struction of irrigation works to reclaim the arid lands in
these States. This money is to be spent in surveying, con-
structing and maintaining works which are to be used for
the storage of waters for irrigation and for the construction
of canals to carry the water to the lands. Surveys for three
large reservoirs have been made by the Government in
this State. It is contemplated to establish the largest reser-
voir in Natrona County, located on the Platte River near
the mouth of the Sweetwater. It will have a capacity of
about one million acre feet of water. An acre foot of water
is enough water to cover an acre of ground one foot deep.
If this reservoir is built, it will be the largest in the world,
and will have a capacity of 137,000 more acre feet than the
famous Assuan reservoir in Egypt, and this is the largest
that has ever been constructed. The second survey has been
made in Johnson County, and it is contemplated to use
Lake DeSmet as a reservoir and the waters from Piney
Creek. The third proposed location is in Big Horn County,
and will utilize the water from the Shoshone River. Lands
in the arid region are practically useless without water.
The value of land depends upon the question of the water

THE ADMINISTRATION OF AFFAIRS. 159

supply. Irrigated lands in Wyoming sell on an average for
from twenty to fifty dollars an acre.*

Forest Reserves. " The forest and water problems

are perhaps the most vital internal questions of the United
States." The Government has recognized the importance
of this question and has set aside lands in the United
States amounting to over 63,000,000 acres to be used as
forest reserves. Formerly there was a provision by which
160 acres of government land could be purchased under
what was known as the Timber Act. This law was re-
pealed in 1 89 1 and provision was made for the Federal
Forest Reserves. In Wyoming there are three large tracts
reserved for this purpose: the Big Horn of 1,216,960 acres,
the Medicine Bow with 420,584 acres and the Yellowstone,
containing 7,017,600 acres. These lands are under the
control of the National Government and are regulated by
three of its departments. The Department of the Interior,
through the General Land Office, has general supervision
over and regulation of these reserves. The Geological De-
partment surveys the land and does the topographical work
locating the streams and roads and calculates the amount of
timber, which has been burned or can be safely used for
commercial purposes. The Department of Agriculture,
through the Bureau of Forestry, makes a technical inves-
tigation as to the character and distribution of the trees,
and makes recommendations as to the best methods for pre-
serving the forests. The objects of reserving these lands
are two- fold : first, to furnish timber ; second, to regulate the
flow of water which fills our streams. Forests act as wind-
breaks and also as a shade to the ground, and thus prevent

♦The Wyoming Development Company, managed by private individuals, has the
largest reservoir in the State and one of the largest in the world. It takes the wat«r
from the Laramie river and irrigates about 60,000 acres.

The Secretary of the Interior has allotted $1,000,000.00 for the construction of a
reservoir to be known as the Pathfinder, to be located about forty miles southwest of
Casper, for the utilization of the waters of the North Platte river. The sum of $2,250,.
000.00 has also been set aside for the Shoshone project.

leo THE GOVERNMENT OF WYOMING.

the snow from rapidly melting and the water from evapor-
ating. The snows on our mountains are the source of water
supply, and it is essential that this moisture be gradually
distributed into the streams. The trees protect the earth
from being washed away by the suddenly melting snow or
heavy rains. Forests serve the purpose of reservoirs, stor-
ing waters during the time of abundant moisture, when the
largest part of the water would otherwise run to waste. The
vital importance of the question of the water supply, par-
ticularly in the arid and semi-arid regions has justified the
National Government in assuming control of the headwaters
of some of the streams which are generally to be found in
the forests. The dead leaves and limbs and fallen trees
protect the snow from the hot sun and make its melting
gradual. This gives an even distribution through the season
of the water for the land below the mountain region where
the streams originate, thus preventing floods at one time
and drouth when water is most needed.

QUESTIONS.

1. Why are the water and land so closely related?

2. What is water litigation?

3. Who owns the waters in Wyoming?

4. Describe the process of acquiring title to land and water.

5. What are the duties of the State Engineer? The State
Board of Control?

6. What is prior appropriation?

7. What is desert land? Irrigation?

8. In what way is the National Government interested in
the desert land of Wyoming?

9. What is meant by the "reclamation of the arid region"?

10. Is the United States interested in any reservoirs in
Wyoming?

11. What is a National Forest Reserve?

12. Describe the relation of forests to irrigation.

o .

s
o

THE ADMINISTRATION OF AFFAIRS. 163

REFERENCES.

Mead, Irrigation Institutions.

Newell, Irrigation.

King, Irrigation and Drainage.

Smythe, The Conquest of Arid America.

Roosevelt, Winning of the West.

Gifford, Practical Forestry.

U. S. Department of the Interior, Forest Reserve Manual.

U. S. Department of Agriculture, Office of Experiment Sta-
tions:

Bulletins Nos. 86 and 104, Mead and Johnston, The Use of
Water in Irrigation.

Bulletin No. 81, Buffum, The Use of Water in Irrigation in
Wyoming.

CHAPTER XXI.

Government in the District, Town, City, County and

State.

The general laws governing a school district, town, city,
county and State are made by the Legislature. In this wa*^
uniform laws are obtained for all localities of the State.
If one school district has free text-books, it is safe to con-
clude that all of the schools have the free text-book system,
because the laws governing one locality govern all others.
The salaries of all county superintendents and city officers
are regulated by a State law; the several duties of the
officers are designated by legislative acts ; the limitation of
officers' responsibilities is regulated by a general law;
the number of county officers and school trustees and the
powers of the mayor are all governed by legislative enact-
ment.

The State makes the laws, but designates who shall exe-
cute them. The duty falls upon the officers who occupy
the positions created by the general laws.

/. THE SCHOOL DISTRICT. (See Education.)

2. THE TOWN.

•

A locality containing not less than one hundred and fifty
people may be incorporated as a town when application is
made by a majority of the electors in the district proposed
to be incorporated, (R. S., Sec. 1521.) The application is
made to the county commissioners, who appoint three persons
whose duty it is to call a special election of the people of
the location to vote upon the question of incorporation.
These inspectors act as judges of the election on this ques-
tion as well as in the election of officers for the town. The
municipal officers of a town elected by the people are a
mayor, who is elected for one year, and four councilmen,
who hold office for two years. The mayor appoints a

THE ADMINISTRATION OF AFFAIRS. 166

marshal, who is ex-officio fire warden and street com-
missioner, one clerk, who is ex-officio assessor and treas-
urer. These appointments are for one year.

3. THE CITY,

Cities are divided into two classes, according to the popu-
lation. The mayor for both classes of cities is elected for
two years at the general election. The cities are divided
into at least three wards. In second class cities there are
three wards, and the councilmen are elected for a period of
four years. Cities incorporated under a special charter
and having ten thousand inhabitants elect the councilmen
for three years. (S. L. 1901, Ch. 69.) The mayor receives
a salary of two hundred dollars a year, the councilmen each
fifty dollars. (R. S., Sec. 1674.) Cities of the first class
may have more than three wards, with two or three council-
men from each ward, as the council may determine. If there
are two elected from each ward, they serve for two years
each ; if three, they serve for three years each. The salaries
of the mayor and councilmen of the second class cities are
fixed by ordinance of the last council meeting prior to the
beginning of their respective terms. The mayor's salary
cannot exceed five hundred dollars a year, and the council-
men are paid according to the number of meetings attended.
(R. S., Sec. 1603.)

Before a general law was enacted regulating the establish-
ment of cities, special charters were granted by the Legis-
lature to Cheyenne, Laramie, Buffalo, Sheridan and Rawlins.
The laws governing these cities, while alike in general con-
struction, have special regulations made for each locality
and do not come under the general law of the classified
cities. They all were incorporated during the territorial
days; laws governing cities of the first and second class
have been enacted since Wyoming became a State. The
mayor, by and with the consent of the council, appoints a

166 THE GOVERNMENT OF WYOMING.

city clerk, attorney, chief of the fire department, city mar-
shal and such police as the council may authorize. Their
term of office corresponds with that of the mayor. (R. S.,
Sec. 1600.) Police justices are also appointed by the
mayor by the consent of the council. These, under the
general law governing cities, must be duly elected justices
of the peace for the precinct embraced in said city or town.
If the city is incorporated under a special charter, the police
justice need not be a Justice of the Peace. (S. L. 1901,
Ch. loi ; 1903, Ch. 21.) These police justices have juris-
diction over the municipal courts for the trial of offenses
arising under the ordinances of the city or town. Appeals
from the decisions of this court can be taken to the district
court in all cases. (S. L. 1903, Ch. loi. Sec. 4.)

The cities described are corporations, and as such have
power to sue or be sued; to purchase and hold real and
personal property for the use of the city; to sell and con-
vey any real or personal estate owned by the city ; to make
contracts for the city ; to incur the indebtedness as may be
necessary. The granted powers are exercised by the mayor
and the council. (R. S., Sec. 1595.) These officers hold
regular council meetings at such times as are fixed by the
ordinance. The mayor presides at all of these meetings
and has superintending control of all of the officers and
affairs of the city and acts as the executive in relation to
the ordinance of the city. He has the power to veto any
ordinance, resolution or by-law passed by the council, but
a two-thirds' vote of the members of the council may be
passed over the veto. In case of the death or removal of the
mayor, the president of the council is the acting mayor.

The City Clerk has in his care all of the city laws and
ordinances; he keeps a record of the proceedings of the
council and the amounts paid out of the city funds.

THE ADMINISTRATION OF AFFAIRS. 167

The Treasurer is the custodian of the money belonging
to the city. He pays all bills against the corporation by
warrants and collects the city taxes.

The Attorney is the legal adviser of the council and the
city officers. He prosecutes and defends all suits on behalf
of the city, and gives his opinion at the council meetings
when required, upon any matter submitted to him.

The Engineer makes the surveys necessary for sewers,
water works, grades, bridges and improvements of the
streets. He makes the estimates for the city for any pro-
posed building or city improvement.

The Marshal has supervision of the police and with them
has the power to arrest all offenders against the laws of the
State or city and to keep them in the city prison until a
trial or examination may be made before the proper officer.
He has the same power as sheriffs and constables in relation
to all criminal matters in his jurisdiction.

Cities by their mayor or council have power by ordinance
to levy taxes for general revenue purposes on all property
within the limits of the city; to provide for the grading
and repairing of streets and alleys and construction of
bridges, culverts and sewers; to improve, locate and name
any street, avenue or park; to repair sidewalks and to
collect a license tax on dogs; to prevent and punish horse
racing or fast driving on the streets ; to contract with com-
panies for municipal lighting of the streets; to regulate
the crossing of railway tracks ; to establish public libraries ;
to borrow money on the credit of the city; to provide for
issuing bonds for the purpose of funding any city indebted-
ness; to remove city officers for misconduct; to make the
census of the city; to establish a system of water works;
to provide for the organization and support of a fire-depart-
ment; to establish standard weights and measurements;
to license, restrain or regulate the selling or giving away

168 THE GOVERNMENT OF WYOMING.

of intoxicating liquors; to prohibit or restrain games of
chance, opium dens and other disorderly houses; to pre-
vent riots and disturbances in the streets; to regulate the
discharge of fire-arms, rockets or fire-works and the trans-
portation and storage of explosive articles; to provide for
the punishment of thieves, tramps and common beggars;
to license churches, opera houses and places of amuse-
ment ; to provide for fire protection ; to prohibit the running
at large of cattle^ horses and other animals ; to make regu-
lation to prevent the introduction of contagious diseases
and to create a board of health to make quarantine laws for
this purpose ; to create and establish hospitals, poor-houses
and jails; to secure the general health of the city; to keep
in order slaughter houses, stock yards and stables; to pur-
chase a city cemetery and sell lots in same; to make all
such ordinances, by-laws, rules and regulations not incon-
sistent with the laws of the State as may be necessary for
good government. (R. S., Sec. 1637.) In order that the
public may know what the officers of the city are doing,
the law requires that all councils in incorporated cities shall
publish in the newspaper proceedings of their meetings,
stating what ordinances were passed and all bills allowed,
the amount, for what purpose, and by whom presented. (S.
L. 1903, Ch. 51.)

4. THE COUNTY.
The county and precinct officers are elected by the people
of their respective counties and hold office for two years.
The election takes place at the time of the general election.
These officers are the clerk, commissioners, surveyor, sheriff,
treasurer, county and prosecuting attorney, superintendent
of schools, coroner, constables and a clerk of the district
court for each county. When a county has an assessed valua-
tion of less than five million dollars, the county clerk acts as
ex-officio clerk of the district court without extra compensa-
tion. (R. S., Sec. 202.)

THE ADMINISTRATION OF AFFAIRS. 169

There are thirteen counties in Wyoming, with the county
seats as follows :

County County Sbat

Albany .Laramie

Big Horn Basin City

Carbon Rawlins

Converse Douglas

Crook Sundance

Fremont Lander

Johnson Buffalo

Laramie Cheyenne

Natrona Casper

Sheridan Sheridan

Sweetwater Green River

Uinta Evanston

Weston Newcastle

Counties are formed in much the same manner as are
towns and cities. In this case, however, the petition is filed
with the Governor to appoint three commissioners to con-
duct the election. (R. S., Sec. 1003.) No county can be
organized unless it contains within its limits property of the
valuation of two million dollars and not then unless the
remaining portion of the county from which the new one is
to be created contains at least three million dollars. New
counties to be organized must contain at least one thousand
five hundred bona fide inhabitants, and no county can be
divided unless a majority of the qualified voters of the area
to be separated votes in favor of the division. (Const., Art.
XII, Sec. 2.)

At the time of the election of the county officers the mem-
bers of the Legislature are elected from each county. Each
county is a legislative district.

Any vacancy occurring in a county or precinct office is
filled by the county commissioners. This rule does not
apply to a member of the Legislature, whose place must
be filled at an election by the electors of the countv.

170 THE GOVERNMENT OF WYOMING.

The clerk, sheriff and treasurer are provided with offices
at the court-house situated at the county seat of their county,
and all books and records required for their offices are open
for examination by any person. The other county officers
reside at the county seat, but no special provision is made
for their offices. (R. S., Sec. 1222.) All county officers
serve for a term of two years, except the commissioners,
two of whom are elected for two years and one for four
years. The term of office commences on the first Monday in
January of the odd-numbered years.

The County Clerk acts as the secretary to the commis-
sioners and keeps the seal, records and papers of the board.
He keeps a record of licenses issued by his office and also
of all deeds, mortgages, bonds, maps and instruments author-
ized by law to be so recorded. The abstract books in which
are recorded transfers and mortgages of real property,
and abstract entries of land describing the legal subdivisions
of the location according to the United States surveys are
kept in his office. (R. S., Sees. 1145, 1146, 1148-1153.) He
issues warrants on the county treasurer. These warrants
are signed by the chairman of the board of county commis-
sioners, countersigned by the treasurer and attested by the
clerk's seal. The salary varies from eighteen to twelve hun-
dred dollars a year according to the class of the county —
first, second, third or fourth class.

The County Commissioners, consisting of three mem-
bers, meet at the county seats of their respective counties
on the first Tuesday of each month. (S. L. 1903, Ch. 11.)
The powers granted a corporative body are exercised by this
board. (R. S., Sec. 1055.) They have the power to make
orders concerning the property of the county as they may
think expedient; to settle accounts against the county; to
build and repair bridges ; to apportion and order the levying
of taxes ; to manage the business of the county in all cases

THE ADMINISTRATION OF AFFAIRS. 171

where no provision is made by law ; to establish election pre-
cincts; to make and keep in repair the county roads and
bridges. (Sec. 1058.) They have entire and exclusive
superintendence of the poor in their respective counties.
(Sec. 1258.) Counties can sue and be sued; purchase and
hold real estate; make contracts and do all acts in relation
to the prosperity and concerns of the county necessary
to the exercise of its corporative power. The commissioners
receive an annual salary of two hundred dollars and a per
diem compensation of five dollars for each day employed in
the discharge of their duties. (Sec. 1072.)

The Surveyor makes and conducts all surveys for the
county, and keeps plats of the surveys on file in his office.
He determines the proper location by monument and boun-
dary lines and makes surveys to establish corner of tracts
when in dispute between owners. He receives eight dollars
a day for actual service. (Sec. 1184.)

The Sheriff in person or by his deputies serves and
executes according to law all processes, writs, precepts and
orders issued out of any court of record in his county, in
all criminal and civil cases. He preserves and keeps the
peace in his county and suppresses all riots, unlawful assem-
blies and insurrections. In securing any person for felony
or breach of peace he may call to his aid such persons as
he may deem necessary. His salary is from eighteen to
twelve hundred dollars a year according to the class of
county, and fees from parties from whom he has rendered
service in serving and returning any writ or orders of
attachment or other service in civil cases. (Sec. mi.)

The County Treasurer collects all of the taxes and keeps
a record of the receipts and expenditures of the county.
He is custodian of the county funds and issues warrants for
the county's obligations. The State taxes from his county

172 THE GOVERNMENT OF WYOMING.

are paid him and he pays them to the State treasurer. The
salary is from eighteen hundred to one thousand dollars.
(Sec. 1083.)

The County and Prosecuting Attorney appears in the
district court in behalf of the State and county he repre-
sents, in all indictments, suits and proceedings to which
the State or the people of the county may be a party. He
is the legal adviser of the county officials, giving his opinion
upon all questions of law having reference to the duties of
such officers. His salary varies from fifteen hundred to
six hundred dollars, according to the class of the county.
(Sec. 1 103. )

The Superintendent of Schools. (See Education.)
The county commissioners divide their county into assess-
ment districts and appoint an assessor for each district ; they
also appoint a supervising assessor. The term of office
is for one year. The assessors enter upon their duties the
first day in April of each year. The district assessor obtains
a list of every kind of property, real and personal, in his
district which is subject to taxation, unless the valuation
has been fixed and limited by the State Board of Equaliza-
tion. These assessment schedules are sent to the super-
vising assessor of the county, who makes up the county
assessment roll from these schedules and furnishes the
county commissioners with a copy. The supervising
assessor has his office at the county seat, and keeps a list of
the property in his county subject to taxation as returned to
him by these district assessors. The district assessors make
a census schedule of their districts containg a list of every
person, their color, sex, age, nativity, citizenship, occupation
and education, and also general information as to the acres
of land under cultivation, what crops are grown, the amount
of live stock, the quantity of merchandise and manufactured
goods, the value of the precious metals and the kind mined

THE ADMINISTRATION OF AFFAIRS. 173

and sold. These reports are sent to the supervising assessor,
who in turn sends to the Secretary of State a complete state-
ment of the facts obtained. From these data the Secretary
compiles a report upon the resources of the State and has
it published in pamphlet form for free distribution, to give
general information about the State. The supervising
assessor receives an annual salary of five to three hundred
dollars and the district assessor three to one hundred and
fifty dollars, according to the class of the county. (S. L.
1903, Ch. 79.)

The Coroner holds inquests upon all persons who have
died by unlawful means, the cause of whose death is un-
known, or who have died by violence. It is his duty when
he finds the dead body of any person who has died by
unnatural means to summon three citizens to act as jurors
at the inquest. The jurors hear the testimony and make
needful inquiries in reference to the deceased and return
to the coroner their verdict as to when and how and by what
means the death occurred. If the jurors find a crime has
been committed on the deceased and believe that they know
the offender, the coroner has power to issue a warrant to the
sheriff to have the offending party arrested and taken before
the justice of the peace for trial. The coroner's salary
is five dollars a day when actually employed. When the
sheriff is a party to a cause or proceeding, the coroner
becomes the acting sheriff. (Sec. 1170.)

The Justices of the Peace (See Administration of Jus-
tice and Judicial Department.)

The Constables are elected by the people of the precincts
and not by the entire county. Each precinct is entitled to a
constable. Their duties are to serve and execute all war-
rants and writs delivered to them by the justice of the
peace of their precinct. They arrest and bring to justice all
felons and disturbers and violators of the criminal laws of

174 THE GOVERNMENT OF WYOMING.

the State and suppress all riots and unlawful assemblies.
The salary attached to this office is regulated by the popula-
tion of the incorporated city or town forming a part of the
precinct. If the precinct is not embraced in any incor-
poration, the constables receive fees for their services. (Sec.
4316, 4523.)

The Clerk of the District Court keeps the dockets, jour-
nals, record books and papers relating to the proceedings
of the district court of his county and records its proceed-
ings. He issues writs and orders as directed by the court
and keeps a record of all verdicts and judgments and
attaches the court seal to all official papers. The clerk
receives a salary of twelve hundred dollars a year in counties
where the assessed valuation is more than five million dol-
lars. In counties having a less valuation the county clerk
acts as ex-officio clerk without extra compensation. (Sec.
3416, 3429.)

QUESTIONS.

1. Who made the laws governing your locality?

2. What is meant by the term incorporated town?

3. How do you distinguish between a town and a city?

4. Why are cities and counties divided into first, second and
third classes?

5. If you wished to have your neighbor repair his sidewalks,
which were in a dangerous condition, how would you proceed
to accomplish this?

6. Who is the chief executive of a city?

7. Name the city officers. What are their duties?

8. Who levies taxes where you live?

9. Explain the process by which a public park could be
started in a city. Who regulates affairs of this nature?

10. Who has control of the poor in your locality? How are
they taken care of and at whose expense?

11. Who takes the census of a city and county?

12. May a city or county contract a debt? If so, who is re-
sponsible for it?

13. Name and locate the counties and their county-seats.

THE ADMINISTRATION OF AFFAIRS. 175

14. What is the population of your county? For whom or
what was it named?

15. What is a Legislative District?

16. Who are the members of the Legislature from your
county?

17. When does the term of office commence for county offi-
cers? How long is their term of office?

18. Explain what the County Commissioners have done for
your locality.

19. What are the duties of the County and Prosecuting At-
torney?

20. Name the county officers and their duties.

REFERENCES.

(See Chapter XXII.)

CHAPTER XXII.

Government in the District, Town, City, County and
State. — Continued.

5. THE STATE,

The State Officers and their duties, as provided by the
Constitution, have been enumerated (Part II). The Legis-
lature has exercised its authority and has created other
State offices, which are filled by appointment from the Gover-
nor and confirmed by the Senate. The Governor has power
to fill any vacancy which may occur in a State office when
the Legislature is not in session. The appointment lasts
until the next session of the Legislature, when the officer
is reappointed or a new appointment is made. If the office is
elective, the term is until the next general election.

The Attorney - General must be an attorney and have
practiced law in the State for at least four years and be in
good standing in the courts of record in the State. He
is the legal adviser of all the State officers, and of the
prosecuting attorneys of the State and gives legal opinions
upon questions submitted to him by the Legislature when
in session. He prosecutes and defends all suits that may be
instituted by or against the State, which are not otherwise
provided for by law. He defends all suits brought against
the State officers in their official relations, except suits
brought against them by the State and he represents the
State in all criminal cases in the Supreme Court. When
a complaint or charge is made by the Governor of miscon-
duct in office by any of the county officers the matter is
placed in charge of the Attorney-General to investigaite.
A report of this investigation and his recommendations
are given to the district court of the county. When county
officers refuse to obey instructions of the State Examiner,
the Attorney-General has the power to take action and

THE ADMINISTRATION OF AFFAIRS. 177

enforce a compliance with the Examiner's instructions. He
has power to commence action in the district courts and to
dissolve banking associations that are violating the privi-
leges of their franchise and to enforce the provisions which
regulate foreign corporations in the State. He approves,
assisted by the Governor, of the investment in bonds of the
permanent fund arising from the sale of State lands. He
is appointed for four years and his salary is two thousand
dollars a year. (R. S., Sees. 94-100, 127, 140, 605, 3101 ;
S. L. 1901, Ch. 83, Sec. 4; 1903, Chs. 30, 40, Sec. 2.)

The Veterinarian who is appointed for two years, must
be a graduate of a college of veterinary surgery and a com-
petent surgeon in this science. He investigates cases of
contagious and infectious diseases among the cattle of the
State. He has authority to investigate stock that are being
imported in or through the State. No animals pronounced
unsound by the Veterinary can be turned loose, but are held
subject to his orders. He has power to have all diseased
animals killed. It is unlawful to sell or give away or kill
for butcher purposes an animal affected with contagious
disease. The salary is eighteen hundred dollars. (Sec. 145.)

The Board of Live Stoci( Commissioners is composed
of three members, who hold their office for a term of two
years. They must be actual owners of live stock, or owners
of stock in a company having live stock running at large
upon the public lands of the State. The board has general
supervision over the live stock of the State and protects the
stock interests from theft and disease. It divides the State
into " round-up " districts, and appoints a commissioner
fpr each of these districts, who looks after the interests of the
stockmen of their respective districts. The board also
appoints inspectors for the better protection of the live stock
interests and places them at such places as will most effec-
tively prevent the violation of any of the State laws for the
protection of stock. A secretary is appointed for the board,

178 THE GOVERNMENT OF WYOMING.

who keeps a list of the brands of the owners of live stock
in the State. He also keeps a list of the estrays. (Estrays
are live stock the owners of which are unknown.) A
brand is the individual mark of a live stock owner. This
mark, or character, or letters, is burned on the animal's
skin. In this way the stockmen can claim their stock when
different herds are running at large on the range. Anyone
who alters or defaces a brand on any cattle commits a
penitentiary offense, punishable from six months to five
years in prison. (Sec. 4989.) All brands must be recorded
in the office of the county clerk of the county where the
cattle range, or feed.

A stockman is authorized to sell an estray, provided he
remits to the secretary of this board the amount received
for the sale. This money is refunded to the owner of the
animal if satisfactory proof is given of the ownership. If
no ownership is established, the proceeds of the sale go
into the general fund of the State. The commissioners
receive no salary. Their necessary incidental expenses are
paid to the amount of one thousand dollars a year. (Sec.
2017.)

The Board of Sheep Commissioners consists of three
members, who must be owners of sheep and residents of the
State. They serve for two years. Their duties are the
general supervision of the sheep interests of the State.
They protect them from theft and disease and they make
recommendations to the Legislature that will foster and
develop this industry. They have the authority to appoint
sheep inspectors, who act under the directions of the board
and the State Veterinarian. Inspectors examine bands of
sheep and ascertain whether they are free from scab or
other disease. The inspectors have authority to quarantine
sheep infected with such contagious disease and require
the owners to treat the sheep. This is accomphshed by the
process of dipping the animals in a chemical solution and

THE ADMINISTRATION OF AFFAIRS. 170

freeing them from their difficulty. The cattle and sheep
industry is the leading one in this State, and many more laws
are enacted for the better protection of stock-raising than
are necessary in those States where this industry is of
minor importance.

The board receives no salary, but the inspectors are paid
five dollars a day for actual service. (Sec. 2074.) The
Board of Live Stock and Sheep Commissioners cooperate
with the Secretary of Agriculture of the United States in the
attempt to suppress and prevent pleuro-pneumonia and con-
tagious diseases among domestic animals. Inspectors of
the United States Bureau of Animal Industry have the same
power in this State as our State Veterinarian and stock in-
spectors. (S. L. 1903, Ch. 61.)

Through the efforts of the stockman an act has been
passed by the Legislature to encourage the destruction of
wild animals who live on other animals. Cattle and sheep
are killed by these animals, and a bounty is offered for the
destruction of each and every one ; for a coyote so destroyed,
one dollar and fifty cents ; for each gray or black wolf or
mountain lion, five dollars. The entire skin of each animal
with all four paws attached thereto is presented to the
county clerk or notary public of the county *in which the
animal was killed. The clerk issues a certificate for the
person presenting the skins, stating the number and kind of
animals killed and the sum to be received ; the county clerk
cuts off each paw and makes a punch mark in the ears of
each skin presented and forwards a statement of the fact
to the State Auditor, with the necessary certificate as to
the animals destroyed and by whom. The State warrant
is drawn in favor of the one who presented the skins, and
sent to the county clerk for delivery to the owner. The last
appropriation made under this act was forty thousand dol-
lars, but it was all spent in bounties long before the meeting
of the next Legislature, when another appropriation might
be made. (S. L. 1903, Ch. 43.)

180 THE GOVERNMENT OF WYOMING.

The State Librarian is appointed for two years. His
office, the State library, is situated in the capitol building
at Cheyenne. He has charge of all books and papers of the
State which properly belong to the library and keeps a file
of all the papers published in the State. Many of the books
in the library are journals, legislative documents and
statutes, books of great value for reference and use to the
legal profession. By legislative enactment the State library
is designated as the State Law Library. (R. S., Sec. 475.)

All books, maps and charts designed and intended for the
use of this State must be deposited with the State Librarian.
Fifteen thousand acres of land from the 260,000 acres
donated to the State for State, charitable, educational, penal
and reformatory institutions are set aside for the use of the
State law library.

The Librarian has supervision over the Miscellaneous
State Library, the books of which are kept with those of
the law library. This library also has fifteen thousand
acres set aside for its use. (Sec. 455.)

The United States Government adopts standard weights,
measures and balances, and this State has adopted and
established them as the legal public standard for scales.
These standards of measurement are sent by the United
States to all of the States and placed in the care of some
officer, who acts as custodian of the property and uses them
to test and verify the weights, measures and balances of
those who use them in mercantile business. The State
Librarian acts as the superintendent in this State. (Sec.
2308.) The Librarian receives a salary of twelve hundred
dollars a year. (S. L. 1903, Ch. 87.)

County commissioners are empowered to establish and
maintain county libraries at the expense of the tax payers
of the county in which the library is situated. Before the
tax can be levied, the citizens of the county must give a bond
that a suitable place will be permanently furnished for the

THE ADMINISTRATION OF AFFAIRS. 181

protection of the books and for the use of a public library;
then the county commissioners may levy an annual tax of not
less than one-eighth nor more than one-half of a mill on the
property of the county for the support of the library to be
located at the county seat. The citizens must pay rent for
a proper building, the tax pays all of the other expenses.
A board of trustees consisting of three members is appointed
by the county commissioners, the term of office for each
is for three years. The trustees buy the books and appoint
the librarian and regulate the compensation for service.
Every county library is for the free use of the citizens of the
county. (Sec. 1019.) All of the counties have not taken
advantage of this law but those which have do not question
the benefits derived from this form of public education. Next
to the public schools the libraries are the wisest form of
popular, public education, the results depending largely
upon the wisdom of the trustees and the librarian in their
selection of books and rules governing the use of the library.
The county commissioners of Laramie, Albany, Uinta and
Sheridan county have each accepted a gift from Mr. Andrew
Carnegie for the erection of a public library. The donation
was given on the condition that the county commissioners of
Laramie county would annually expend for the use of the li-
brary a sum of three thousand dollars, or one-sixth of the
sum appropriated, which was $50,000, and, that the other
counties would annually raise one-tenth of the sum given for
their libraries. Albany county received $20,000. Mr. Car-
negie now makes it a rule not to give any library donations
unless one-tenth of the sum to be given is raised by tax and
expended annually for library purposes.

A city council may make provision to pay part of the ex-
penses of a county library situated within its limits, when
the building for the use of the library has been donated.
(S. L. 1903, Ch. 88.) Some towns have public libraries
which are maintained largely through the individual efforts

182 THE GOVERNMENT OF WYOMING.

of the local citizens. There are also traveling libraries which
are sent from one ranch to another for public use. The
university believing that education and a library are insep-
arable, has maintained a liberal policy towards its library
and has in fourteen years accumulated a library of twenty
thousand valuable volumes.

The Wyoming Historical Society is under the control of
a board of trustees, consisting of six members each appoint-
ed for six years, and the Governor, Secretary of State and
Librarian who act as ex-officio members. The object of
this society is to collect and preserve all records that relate
to the history of the State. The board is instructed to col-
lect publications illustrative of the history of Wyoming and
the northwest; to procure from pioneers narrations of their
exploits, perils and adventures; to collect all facts possible
about the Indians who have been and are in the State; to
preserve fossils, ores and minerals and objects of curiosity
connected with the State's history. The valuable collection
of this society is in the capitol building. (Sec. 481.) The
officers receive no compensation for their services.

The State is divided into two fish hatchery districts. Dis-
trict number one embraces the southern and central coun-
ties, and number two the northern counties. The headquar-
ters of number one is at Laramie, and number two at Sheri-
dan, where the respective superintendents reside. The Gov-
ernor appoints the superintendents who hold office for four
years. They have entire control of the waters of their dis-
trict in regard to the collection, propagation, culture, dis-
tribution and protection of fish. It is their duty to examine
the streams of the State not naturally stocked with fish and
judge of their adaptability for fish, and to stock same if
suitable. After a stream is thus stocked it is unlawful to
fish in same for a period of two years, unless the stream has
a natural supply of trout in addition to those placed there
by the superintendent. In May of each year the superin-

THE ADMINISTRATION OF AFFAIRS. 186

tendents notify the county commissioners of the number of
young fish they have for distribution for each county. The
county commissioners instruct the superintendents what
streams they wish stocked and the distribution is made. The
fish are sent by the thousands in large cans specially con-
structed for the purpose to the several counties, the super-
intendents personalfy making the distribution. The super-
intendents act as Ush wardens and have charge of the en-
forcement of all laws of this State relating to fish. They
have power to arrest without warrant anyone violating the
fish laws. It is unlawful to sell any of the game fish in the
State, or for any person to catch in one day more than twenty
pounds of game fish. Any contrivance to prevent the free
passage of fish up and down and through the waters is pro-
hibited, and dams must be constructed with fish ways to
allow the free and uninterrupted passage of the fish. It is
unlawful to kill trout or black bass that are less than six
inches in length, or to use explosives or poison to destroy
the fish. Ponds and lakes containing fish owned by private
parties are protected in the same way as the public streams.
The fishing season is from the first of June to the last of
September, except in the Big Horn and North Platte riv-
ers and their tributaries, where fishing may commence the
first of May. The streams are stocked with abundant food
fish through the efforts of this industry of the State. Sun-
dance, Lander and Saratoga, each, has a branch hatchery.
The superintendents each receive twelve hundred dollars a
year. (Sec. 2127.)

The State Game Warden holds his appointive office for
four years. His duties are to protect the game and fish
of the State and to enforce the laws relating thereto. He
has the power to appoint three assistant game wardens to
help him in enforcing the provisions of the game law. Not
more than one assistant can be appointed from any one
county and the salary of each is nine hundred dollars a year.

186 THE GOVERNMENT OF WYOMING.

The duties of the game warden are the protection of the
game and fish from needless destruction. The open season
when partridges, pheasants, prairie chickens may be shot is
from September first to December first, and sage chickens
and grouse from July fifteenth to October fifteenth. Duck
and geese may be shot from the first of September to the
first of May. No moose, martin or beaver may be killed
until the year 191 2, and buflFalo cannot be killed or captured
at any time. The open season for deer, elk, antelope, moun-
tain sheep and goats and bear is from the fifteenth of Sep-
tember to the fifteenth of November. No resident in the
State can hunt any of this larger game outside of the county
in which he lives without a gun license obtained from the
Justice of the Peace of the county in which the hunter re-
sides upon the payment of one dollar. A non-resident of the
State must pay the sum of fifty dollars for a gun license to
kill any of the animals or game birds in the State. The
number of animals that can be killed by any one person
during one season, is two, except the mountain sheep and
goats, where only one of each is allowed. It is unlawful
to sell any of the wild game. The game warden receives
fifteen hundred dollars per annum. (S. L. 1903, Ch. 44.)

The State Board of Health consists of three members,
one of whom must be a physician. If there is only one physi-
cian on the board he acts as secretary and executive officer
of the board. The term of office is four years. The board
selects a practicing physician in each county who acts as the
county health officer. The State board is authorized to have
a general oversight over the interests of health and life
among the people of the State. It makes sanitary investiga-
tions respecting the causes of disease and epidemics, the
causes of death and the effects of localities, employment
and other circumstances bearing upon the public health.
The members investigate as to the causes of contagious and
infectious diseases that threaten the public safety. They

- "\

PEDIOCETES PKASIANEI.I.17S CAMPESTBIS.

(Prairie Sliarp-tailed Oronse.)

A type prannebird of Wyoming.

THE ADMINISTRATION OF AFFAIRS. 189

have authority to inspect for sanitary purposes the public
hospitals, prisons, schools or other public institutions and
suggest any needed changes in the drainage, water supply,
heating or ventilation. The State board and local health
officer co-operate in their efforts to prevent the spread of
disease and for the protection of life and the promotion of
health. When small-pox, cholera, typhoid or scarlet fever,
diphtheria or other contagious diseases which are a menace
to the public exist it is the duty of the county health officer
to notify the secretary of the State board, when the county
health officer may be directed to quarantine the city, town
or place, where the disease exists. Any expenditure neces-
sary for the maintenance of such quarantine, in the nature
of clothing, provisions, construction of a pest-house or police
officers, to maintain and enforce the quarantine, is paid by
the county commissioners. The State board may adopt
measures for the general vaccination of the public of a local-
ity when it deems it necessary. Any one refusing to be vac-
cinated is subject to a fine or imprisonment. It is the duty
of every practicing physician to notify the State board when
contagious or infectious diseases exist. Their failure to
report any such case is a misdemeanor. Anyone escaping
from quarantine, established by law, is guilty of a felony
and is subject to a punishment of not more than five years
in the penitentiary. The members of the State board each
receive two hundred dollars a year, but the secretary receives
ten dollars a day when doing actual service and the county
health officers eight dollars a day. (S. L. 1901, Ch. 55, 1903,
Ch. 94.)

To better protect the health of the inhabitants of the State
a pure food law has been enacted. The professor of chem-
istry at the State University is the State Chemist whose
duty it is to make a chemical analysis of foods, drinks, drugs,
or illuminating oils as may be submitted to him for this pur-
pose. The board of trustees of the university is authorized

190 THE GOVERNMENT OF WYOMING.

to appoint an assistant to the chemist who may perform any
duties required of the State Qiemist. The law prohibits
the sale of any adulterated drugs, articles of food, drink or
illuminating oil. The State Board of Health and Medical
Examiners appoint ex-officio city health officers who are
directed to collect samples for examination and analysis and
send them to the State Chemist. (S. L. 1903, Ch. 83.)

The sale and storage of all explosives are regulated by
law. Nitro-glycerine, powder and other high explosives
must be stored in a magazine provided for that purpose alone
and oils and other inflammable matter must be kept in a
building erected for the purpose and at a safe distance from
other buildings. (S. L. 1903, Ch. 70.) It is unlawful to
sell, except on the written prescription of a regular practic-
ing physician, any drugs that induce delirium ; this includes
cocaine, opium and chloral hydrate. (Ch. 98.) Minors or
persons under twenty-one years of age are prohibited from
frequenting saloons or gambling places, and the sale of
liquor and cigarettes or tobacco in any of its forms to them
is a violation of the law, and the seller is subject to a fine of
ten to fifty dollars. (R. S. Sec. 5068, 5069.)

The State Board of Medical Examiners consists of three
physicians, who hold office for a term of four years. The
duties of the board are to examine and pass upon the quali-
fications and fitness of persons who desire to practice medi-
cine or surgery; to examine applicants who wish to prac-
tice their science in the State and to issue certificates to
those who have successfully passed the examination, which
certificate gives them the authority to practice in this State ;
to pass upon the sufficiency of a diploma received by the
applicant from some established and recognized medical
college which will exempt them from this examination. ( Sec.
2189.) This board has the power to revoke the license of a
physician if he is guilty of unprofessional conduct. The
members of this board are paid five dollars a day for service.
(S. L. 1903, Ch. 98.)

THE ADMINISTRATION OF AFFAIRS. 191

Only those who are registered pharmacists may sell or
compound drugs, medicines or poisons.

A registered pharmacist is one who is a graduate from a
school of pharmacy, or has been licensed as a pharmacist.
The Governor appoints a commission of pharmacy consist-
ing of three members who hold office for six years. They
examine applicants for registration and grant certificates
which must be conspicuously placed in view in the place of
business occupied by the pharmacist. The members receive
five dollars when actually employed in service. (Sec. 2213.)

A person desiring to practice dentistry in the State must
be a graduate from a reputable dental college and the di-
ploma must be made a matter of record in the county clerk's
office of the county in which the dentist is to practice. (R.
S., Sec. 2209.)

An attorney-at-law is a lawyer, who is employed by some
one to act in his behalf. He is a person who represents the
party engaging him at the courts of justice. In Wyoming
there is a State Board of Law Examiners, consisting of five
members of the bar appointed by the Supreme Court and
who hold office for three years. An applicant for admis-
sion to the bar must present his petition to the Supreme
Court and it refers the same to this State Board for exam-
ination and recommendation. The examination questions
and answers are sent to the court by the board and if the
court finds the applicant to be qualified to discharge the
duties of an attorney, and is of good moral character, an
order is entiered admitting him to practice in all the courts
of the State. No one may be examined who is not at least
twenty-one years of age, a citizen of the United States, and
a resident of Wyoming, and who has not studied law at least
three years. Attorneys who have practiced in the highest
court of any other State may, at the discretion of the Su-
preme Court, be admitted to practice in the State without
examination. (Sec. 3304.)

192 THE GOVERNMENT OF WYOMING.

The State Board of Charities and Reform consists of
the Governor, Secretary of State, Treasurer, Auditor and
Superintendent of Public Instruction. The board has gen-
eral supervision and control of all charitable, reformatory
and penal institutions established by the State; the general
custody, charge and control of all buildings and grounds
used for these purposes (except the poor farm at Lander),
and the general charge and supervision of all county jails
in the State. This supervision includes the insane asylum,
the penitentiary, deaf and dumb asylum, the general hospi-
tal, the soldiers and sailors' home and the Big Horn Hot
Springs. The district court of any county may commit to
the care and guardianship of the house of refuge and re-
form, or to an industrial school any child under the age of
sixteen who has been convicted for an offense, except homi-
cide, to be educated, trained and refonned. The State
Board of Charities and Reforms determines from time to
time where such juvenile delinquents shall be placed as there
is no house or school of this nature in the State. The cost
of supporting this class is paid by the State and cannot ex-
ceed five dollars a week for each child. (Sees. 632, 700,
4934.)

The Land Boards known as the State Board of School
Land Commissioners and the State Board of Land Com-
missioners are, the former, presided over by the Governor,
Secretary of State, Treasurer and Superintendent of Public
Instruction; and. the latter, by the Governor, Superintend-
ent and Secretary of State.

The School Land Commissioners have direction and con-
trol of the leasing, selection and disposal of all lands be-
longing to the State to be used for public schools. The
Land Commissioners have the control and care of all other
lands granted or acquired by the State. The Superintend-
ent of Public Instruction is the secretary and Register of
both boards. He is general custodian of all of the papers.

THE ADMINISTRATION OF AFFAIRS. • 193

records and transactions of these land boards. (S. L. 1903,
Ch. 78.)

The Board of Control composed of the State Engineer
and his four water division superintendents, in addition to
its duties in relation to the waters of the State, constitutes
a special commission to select and locate all lands which are
now or may be hereafter granted to the State by the United
States. (R. S. Sec. 788.) (See Irrigation.)

The Secretary of State, Treasurer and Auditor constitute
a Board of Equalisation of the taxes for the State. It is
the duty of the board to examine the assessments of the vari-
ous counties so far as regards taxes and equalize the valua-
tion of real property among the several counties and towns,
and notify each county clerk of the rate of the State tax
determined upon by the board to be levied and collected in
each county. (Sec. 1784.)

YELLOWSTONE NATIONAL PARK.

Lewis and Clark had in their party, which explored to
the mouth of the Columbia river, a trapper and hunter by
the name of John Colter. When the expedition returned
from the Pacific Coast Colter severed his connection with
the explorers when in the region -of the Yellowstone River,
in Montana, and traveled south with two trappers into Wyo-
ming and discovered what is now known as the Yellowstone
National Park. In 1872 by act of Congress this natural
wonderland was set aside as a National Park and placed
under the jurisdiction of the United States. This park was
created as a National reserve in order to preserve its for-
ests and its game and in order to have it remain as a public
domain for the benefit and enjoyment of the people. The
park is under the supervision of the United States Secretary
of the Interior, who has authority to make all rules and reg-
ulations for its government. The local superintendent is
an officer of the United States army and resides at Mammoth

194 THE GOVERNMENT OF WYOMING.

Hot Springs. In Wyoming's Act of Admission in 1890
exclusive control and jurisdiction over the park were ac-
knowledged to belong to the United States. No settler is
permitted to reside within the park ^nd strict regulations
are in force as to fishing and hunting within its boundaries.
Bear, antelope, mountain sheep, buffalo, bison, elk and deer
make their homes in the park where they are undisturbed
by the people who live out of the State or by those living
in Wyoming.

QUESTIONS.

1. What State officers are elected? When, by whom and for
what length of time?

2. What State officers are appointed, by whom, when and for
what periods?

3. What relation does the Attorney- General bear to the
County Attorneys of the State?

4. What are the advantages of having a Veterinarian?

5. Explain the practical work done by the Stdck and Sheep
Commissioners.

6. What is the "bounty law"? Has it been of any benefit to
your locality?

7. Have you a County Library? Why? Has an effort ever
been made to organize one? Where is the State Library lo-
cated?

8. Describe the purpose of our Fish Hatcheries. When is
the legal fishing season?

9. Who guards the game in the State? What animals are
prohibited from being shot? Why these and not others? When
is the open season?

10. What are the duties of the State Board of Health? Have
they ever exercised their powers in your locality?

11. Who is the State Chemist? What foods are most easily
adulterated?

12. Why does the State have a Board of Medical Examiners?
Of Law Examiners?

13. What advantage is it to have pharmacists and dentists
registered?

THE ADMINISTRATION OF AFFAIRS. 195

14. Explain the duties of the Board of Charities and Reform.
Where are the juvenile delinquents of the State sent for correc-
tion? Where do we send our deaf, dumb and blind?

15. Locate the public buildings of the State.

16. State the duties of the Land Commissioners.

17. Has the Board of Control any judicial duties?

18. What is the purpose of the Board of Equalization?

19. Why does the State not own the Yellowstone Park?

20. What other lands are reserved by the National Govern-
ment in Wyoming?

REFERENCES.

Wyoming Revised Statutes, 1899, Session Laws, 1901, 1903.

Hinsdale, The American Government, Ch. LV.

Kellogg and Taylor, The Government of the State and Na-
tion, pp. 28-53.

Ashley, The American Federal State, Ch. XX.

Wilson, The State, Sees. 1033, 1040, 1209, 1259.

Fiske, Civil Government, pp. 116-139.

Bryce, The American Commonwealth I, Chs. 50, 52; II, Chs.
88, 89.

James and Sanford, Government in State and Nation, Ch. IV.

Hart, Actual Government, pp, 166-214.

Cooley, Constitutional Limitations, Ch. VIII.

Jones, Northwestern Wyoming, Including Yellowstone Na-
tional Park (Government Publication).

Chittenden, Yellowstone National Park.

Muir, Our National Parks.

APPENDIX A

THE CONSTITUTION
OF WYOMING

CONSTITUTION OF THE STATE OF
WYOMING.

Adopted by the People at a General Election held November 5, 1889.

FBBAlEBIiE.

We, the people of the state of Wyoming, grateful to God for our
civil, political and religious liberties, and desiring to secure them to
ourselves and perpetuate them to our posterity, do ordain and estab-
lish this constitution.

ABTXCI.B Z.

Declaration of Bights.

Section 1. All power is inherent in the people, and all free gov-
ernments are founded on their authority, and instituted for their
peace, safety and happiness; for the advancement of these ends
they have at all times an inalienable and indefeasible right to alter,
reform or abolish the government in such manner as they may
think proper.

Sec. 2. In their inherent right to life, liberty and the pursuit of
happiness, all members of the human race are equal.

Sec. 3. Since equality in the enjoyment of natural and civil rights
is made sure only through political equality, the laws of this statfi
affecting the political rights and privileges of its citizens shall be
without distinction of race, color, sex, or any circumstance or con^
dition whatsoever other than individual incompetency, or unworthi-
ness duly ascertained by a court of competent jurisdiction.

Sec. 4. The right of the people to be secure in their persons,
houses, papers and effects against unreasonable searches and seiz-
ures shall not be violated, and no warrant shall issue but upon
probable cause, supported by affidavit, particularly describing the
place to be searched or the person or thing to be seized.

Sec. 5. No person shall be imprisoned for debt except in cases
of fraud.

Sec. 6. No person shall be deprived of life, liberty or property
without due process of law.

Sec. 7. Absolute, arbitrary power over the lives, liberty and prop-
erty of freemen exists nowhere in a republic, not even in the largest
majority.

Sec. 8. All courts shall be open and every person for an injury
done to person, reputation or property shall have justice adminis-
tered without saJe, denial or delay. Suits may be brought against
the state in such manner and in such courts as the legislature may
by law direct.

Sec. 9. The right of trial by jury shall remain inviolate in criminal
cases, but a jury in civil cases in aJl courts, or in criminal cases In
courts not of record, may consist of less than twelve men, as may

200 THE GOVERNMENT OF WYOMING.

be^ prescribed by law. Hereafter a grrand Jury may consist of twelre
men, any nine of whom concurringr may find an indictment, but the
legrislature may change, regrulate or abolish the grrand jury system.

Seo. 10. In aJl criminal prosecutions the accused shall have the
right to defend in person and by counsel, to demand the nature and
cause of the accusation, to have a copy thereof, to be confronted
with the witnesses against him, to have compulsory process served
for obtaining witnesses, and to a speedy trial by an impartial jury
of the county or district in which the offense is alleged to have been
committed.

Sec. 11- No person shall be compelled to testify against himself
in any criminal case, nor shall any person be twice put in jeopardy
for the same offense. If the jury disagree, or if the judgment be
arrested after a verdict, or if the judgment be reversed for error
in law, the accused shall not be deemed to have been in jeopardy.

Sec. 12. No person shall be detained as a witness in any criminal
prosecution longer than may be necessary to take his testimony
or deposition, nor be confined in any room where criminals are
imprisoned.

Sec. 13. Until otherwise provided by law, no person shaJl, for a
felony, be proceeded against criminally, otherwise than by indict-
ment, except in cases arising in the land or naval forces, or in the
militia when In actual service in time of war or public danger.

Sec. 14. All persons shall be bailable by sufficient sureties, except
for capital offenses when the proof is evident or the presumption
great. Excessive bail shall not be required, nor excessive fines
imposed, nor shall cruel or unusual punishment be inflicted.

Sec. 15. The penal code shall be framed on the humane principles
of reformation and prevention.

Sec. 16. No person arrested and confined in jail shall be treated
with unnecessary rigor. The erection of safe and comfortable
prisons, and inspection of prisons, and the humane treatment of
prisoners shall be provided for.

Sec. 17. The privilege of the writ of habeas corpus shall not be
suspended unless, when in case of rebellion or invasion, the public
safety may require it.

Seo. 18. The free exercise and enjoyment of religious profession
and worship without discrimination or preference shall be forever
guaranteed in this state, and no person shall be rendered incompe-
tent to hold any office of trust or profit, or to serve as a witness or
juror, because of his opinion on any matter of religious belief what-
ever; but the liberty of conscience hereby secured shall not be
so construed as to excuse acts of licentiousness or justify practices
inconsistent with the peace or safety of the state.

Sec. 19. No money of the state shall ever be given or appropriated
to any sectarian or religious society or institution.

Sec. 20. Every person may freely speak, write and publish on
all subjects, being responsible for the abuse of that right; and in
all trials for libel, both civil and criminal, the truth, when published
with good Intent and for justifiable ends, shall be a sufficient defense,
the jury having the right to determine the facts and the law, under
direction of the court.

THE CONSTITUTION OF WYOMING. 201

8«o. 21. The right of petition, and of the people peaceably to
assemble to consult for the common good, and to make known their
opinions, shall never be denied or abridged.

' S«o. 22. The rights of labor shall have just protection through
laws calculated to secure to the laborer proper rewards for his
service and to promote the industrial welfare of the state.

Sec. 23. The right of citizens to opportunities for education
should have practical recognition. The Legislature shall suitably
encourage means and agencies calculated to advance the sciences
and liberal arts.

S«o. 24. The right of citizens to bear arms in defense of them-
selves and of the state shall not be denied.

S«o. 25. The military shall ever be in strict subordination to
.the civil power. No soldier in time of peace shall be quartered in
any house without consent of the owner, nor in time of war except
in the manner prescribed by law.

Sec 26. Treason against the state shall consist only in levying
war against it, or in adhering to its enemies, or in giving them aid
and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession
in open court; nor shall any person be attainted of treason by the
legislature.

Seo. 27. Elections shall be open, free and equal, and no power,
civil or military, shall at any time interfere to prevent an untram-
meled exercise of the right of suffrage.

Seo. 28. No tax shall be imposed without the consent of the people
or their authorized representatives. All taxation shall be equal
and uniform.

Sec. 29. No distinction shall ever be made by law between resi-
dent aliens and citizens as to the possession, taxation, enjoyment and
descent of property.

Seo. 30. Perpetuities and monopolies are contrary to the genius
of a free state, and shall not be allowed. Corporations being the
creatures of the state, endowed for the public good with a portion
of its sovereign powers, must be subject to its control.

Seo. 31. Water being essential to Industrial prosperity, of limited
amount, and easy of diversion from Its natural channels. Its control
must be in the state, which, in providing for its use, shall equally
guard all the various Interests involved.

Seo. 32. Private property shall not be taken for private use unless
by consent of the owner, except for private ways of necessity, and
for reservoirs, drains, flumes, or ditches on or across the lands of
others for agricultural, mining, milling, domestic or sanitary pur-
poses, nor in any case without due compensation.

Sec. 33. Private property shall not be taken or damaged for
public or private use without just compensation.

Seo. 34. All laws of a general nature shall have a uniform oper-
ation.

Seo. 36. No ex post facto law, nor any law Impairing the obliga-
tion of contracts, shall ever be made.

202 THE GOVERNMENT OF WYOMING.

8«o. 36. The enumeration In this constitution, of certain rights
shall not be construed to deny, impair, or disparagre others retained
by the people.

Sec 37. The state of Wyoming is an inseparable part of the
Federal Union, and the constitution of the United States is the
supreme law of the land.

AHTZCIiE n.

DUrtxIbntion of Powers.
Section 1. The powers of the government of this state are divided
into three distinct departments: the legislative, executive and
judicial, and no person or collection of persons charged with the
exercise of powers properly belonging to one of these departments
shall exercise any powers properly belonging to either of the others,
except as in this constitution expressly directed or permitted.

AHTZCIiE ZZZ.

Iieglslatlve Department.

Section 1. The legislative power shall be vested in a senate and
house of representatives, which shall be designated " The Legisla-
ture of the State of Wyoming."

Sec. 2. Senators shall be elected for the term of four (4) years
and representatives for the term of two (2) years. The senators
elected at the first election shall be divided by lot into two classes
as nearly equal as may be. The seats of senators of the first class
shall be vacated at the expiration of the first two years, and of the
second class at the expiration of four years. No person shall be a
senator who has not attained the age of twenty-five years, or a
representative who has not attained the age of twenty-one years,
and who is not a citizen of the United States and of this state and
who has not, for at least twelve months next preceding his election
resided within the county or district in which he was elected.

Sec. 3. Each county shall constitute a senatorial and represen-
tative district; the senate and house of representatives shall be
composed of members elected by the legal voters of the counties
respectively, every two (2) years. They shall be apportioned among
the said counties as nearly as may be according to the number of
their inhabitants. Each county shall have at least one senator and
one representative; but at no time shall the number of members
of the house of representatives be less than twice nor greater than
three times the number of members of the senate. The senate
and house of representatives first elected in pursuance of this con-
stitution shall consist of sixteen and thirty-three members respec-
tively.

Sec 4. When vacancies occur in either house by death, resigna-
tion or otherwise, such vacancy shall be filled for the remainder of
the term by special election, to be called in such manner as may
be prescribed by law.

Sec. 5. Members of the senate and house of representatives shall
be elected on the day provided by law for the general election of
a member of congress, and their term of office shall begin on the
first Monday of January thereafter.

THE CONSTITtmON OF WYOMING. 203

Sec 6. Each member of the first legrislature, as a compensation
for his services, shall receive five dollars for each day's attendance,
and fifteen cents for each mile traveled In sroingr to and returning from
the seat of government to his residence by the usual traveled route,
and shall receive no other compensation, perquisite or allowance
whatever. No session of the legislature after the first, which may
be sixty days, shall exceed forty days. After the first session the
compensation of the members of the legislature shall be as provided
by law; but no legislature shall fix its own compensation.

S«o. 7. The legislature shall meet at the seat of government at
twelve o'clock, noon, on the second Tuesday of January, next suc-
ceeding the general election provided by law, and at twelve o'clock,
noon, on the second Tuesday of January of each alternate year there-
after, and at other times when convened by the governor.

S«o. 8. No senator or representative shall, during the term for
which he was elected, be appointed to any civil office under the
state, and no member of congress or other person holding an office
(except that of notary public or an office In the militia) under the
United States or this state, shall be a member of either house
during his continuance in office.

Sec 9. No member of either house shall, during the term for
which he was elected, receive any increase of salary or mileage
under any law passed during that term.

Seo. 10. The senate shall, at the beginning and close of each
regular session and at such other times as may be necessary, elect
one of its members president; the house of representatives shall
elect one of its members speaker; each house shall choose its own
officers, and shall Judge of the election returns and qualifications
of its members.

8«o. 11. A majority of each house shall constitute a quorum to
do business, but a smaller number may adjourn from day to day,
and compel the attendance of absent members In such manner and
under such penalties as each house may prescribe.

8«o. 12. Each house shall have power to determine the rules of
its proceedings, and to punish its members or other persons for
contempt or disorderly behavior In its presence; to protect Its
members against violence or offers of bribes or private solicitation,
and with the concurrence of two-thirds, to expel a member, and
shall have all other powers necessary to the legrislature of a free
state. A member expelled for corruption shall not thereafter be
eligible to either house of the legrislature, and punishment for
contempt or disorderly behavior shall not bar a criminal prosecution
for the same offence.

8«o. 13. Each house shall keep a Journal of its proceedings and
may. In its discretion, from time to time, publish the same, except
such parts as require secrecy, and the yeas and nays on any ques-
tion, shall, at the request of two members, be entered on the Journal.

8«o. 14. The sessions of each house and of the committee of the
whole shall be open unless the business is such as requires secrecy.

8«o. 15. Neither house shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that
in which the two houses shall be sitting.

204 THE GOVERNMENT OF WYOMING.

Sec 16. The members of the legislature shall, in all cases, ex-
cept treason, felony, violation of their oath of office and breach of
the peace, be privileged from arrest during their attendance at the
sessions of their respective houses, and in going to and returning
from the same; and for any speech or debate in either house they
shall not be questioned in any other place.

8«o. 17. The sole power of impeachment shall vest in the house
of representatives; the concurrence of a majority of all the mem-
bers being necessary to the exercise thereof. Impeachment shall
be tried by the senate sitting for that purpose, and the senators
shall be upon oath or affirmation to do Justice according to law
and evidence. When the governor is on trial, the chief justice of
the supreme court shall preside. No person shall be convicted with-
out a concurrence of two-thirds of the senators elected.

8«o. 18. The governor and other state and judicial officers except
justices of the peace, shall be liable to impeachment for high
crimes and misdemeanors, or malfeasance in office, but judgment
in such cases shall only extend to removal from office and disqualifi-
cation to hold any office of honor, trust or profit under the laws
of the state. The party, whether convicted or acquitted, shall,
nevertheless, be liable to prosecution, trial, judgment and punish-
ment according to law.

Sec. 19. All officers not liable to impeachment shall be subject
to removal for misconduct or malfeasance in office, in such manner
as may be provided by law.

Sec. 20. No law shall be passed except by bill, and no bill shall
be so altered or amended on its passage through either house as to
change its original purpose.

Sec. 21. The enacting clause of every law shall be as follows:
"Be it Enacted by the Legislature of the State of Wyoming."

Sec. 22. No bill for the appropriation of money, except for the
expenses of the government, shall be introduced within five (5)
days of tlie close of the session, except by unanimous consent of the
house in which it is sought to be introduced.

Sec. 23. No bill shall be considered or become a law unless
referred to a committee, returned therefrom and printed for the
use of the members.

Sec. 24- No bill, except general appropTiation bills and bills for
the codification and general revision of the laws, shall be passed
containing more than one subject, which shall be clearly expressed
in its title; but if any subject is embraced in any act which is
not expressed in the title, such act shall be void only as to so much
thereof as shall not be so expressed.

Sec. 25. No bill shall become a law, except by a vote of a major-
ity of all the members elected to each house, nor unless on its final
passage the vote taken by ayes and noes, and the names of those
voting be entered on the journal.

Sec. 26. No law shall be revised or amended, or the provisions
thereof extended by reference to its title only, but so much thereof
as is revised, amended or extended, shall be re-enacted and pub-
lishd at length.

THE CONSTITUTION OF WYOMING. 205

Sec. 37. The legislature shall not pass local or special laws in
any of the following enumerated cases, that is to say: For grranting
divorces; laying out, opening, altering or working roads or high-
ways; vacating roads, town plats, streets, alleys or public grounds;
locating or changing county seats; regulating county or township
affairs; incorporation of cities, towns or villages; or changing
or amending the charters of any cities, towns or villages; regulat-
ing the practice in courts of justice; regulating the Jurisdiction
and duties of justices of the peace, police magistrates or constables;
changing the rules of evidence in any trial or inquiry; providing
for changes of venue in civil or criminal cases; declaring any person
of age; for limitation of civil actions; giving effect to any informal
or invalid deeds; summoning or impaneling grand or petit juries;
providing for the management of common schools; regulating the
rate of interest on money; the opening or conducting of any elec-
tion or designating the place of voting; the sale or mortgage of
real estate belonging to minors or others under disability; charter-
ing or licensing ferries or bridges or toll roads; chartering banks,
insurance companies and loan and trust companies; remitting fines,
penalties or forfeitures; creating, increasing, or decreasing fees,
percentages or allowances of public officers; changing the law of
descent; granting' to any corporation, association or individual,
the right to lay down railroad tracks, or any special or exclusive
privilege, immunity or franchise whatever, or amending existing
charter for such purpose; for punishment of crimes; changing
the names of persons or places; for the assessment or collection
of taxes; affecting estates of deceased persons, minors or others
under legal disabilities; extending the time for the collection of
taxes; refunding money paid into the state treasury; relinquish-
ing or extinguishing, in whole or part, the indebtedness, liabilities
or obligation of any corporation or person to this state or to any
municipal corporation therein; exempting property from taxation;
restoring to citizenship persons convicted of infamous crimes;
authorizing the creation, extension or Impairing of liens; creating
offices or prescribing the powers or duties of offices In counties,
cities, townships or school districts; or authorizing the adoption
or legitimation of children. In all other cases where a general
law can be made applicable no special law shall be enacted.

Seo. 28. The presiding officer of each house shall, in the presence
of the house over which he presides, sign all bills and joint resolu-
tions passed by the legislature immediately after their titles have
been publicly read, and the fact of signing shall be at once entered
upon the journal.

S«o. 29. The legislature shall prescribe by law the number, duties
and compensation of the officers and employes of each house, and no
payment shall be made from the state treasury, or be In any way
authorized to any such person except to an acting officer or employe
elected or appointed in pursuance of law.

Sec. 30. No bill shall be passed giving any extra compensation
to any public officer, servant or employe, agent or contractor, after
services are rendered or contract made.

206 THE GOVERNMENT OF WYOMING.

Sec. 31. All stationery, printing, paper, fuel and lights used in
the legislature and other departments of government, shall be fur-
nished, and the printing and binding of the laws, journals and
department reports and other printing and binding, and the repair-
ing and furnishing of the halls and rooms used for the meeting
of the legislature and its committees shall be performed under con-
tract, to be given to the lowest responsible bidder, below such
maximum price and under such regrulations as may be prescribed
by law. No member or officer, of any department of the govern-
ment shall be in any way interested in any such contract; and
all such contracts shall be subject to the approval of the governor
and state treasurer.

Sec 32. Except as otherwise provided in this constitution, no
law shall extend the term of any public officer or increase or dimin-
ish his salary or emolument after his election or appointment; but
this shall not be construed to forbid the legislature from fixing
the salaries or emoluments of those officers first elected or appointed
under this constitution, if such salaries or emoluments are not fixed
by its provisions.

Seo. 33. All bills for raising revenue shall originate in the house
of representatives; but the senate may propose . amendments, as in
case of other bills.

8«o. 34. The general appropriation bills shall embrace nothing
but appropriations for the ordinary expenses of the legislative,
executive and Judicial departments of the state, interest on the
public debt, and for public schools. All other appropriations shall
be made by separate bills, each embracing but one subject.

Sec. 35. Except for interest on public debt, money shall be paid
out of the treasury only on appropriations made by the legislature,
and in no case otherwise than upon warrant drawn by the proper
officer in pursuance of law.

Seo. 36. No appropriation shall be made for charitable, indus-
trial, educational or benevolent purposes to any person, corporation
or community not under the absolute control of the state, nor to any
denominational or sectarian institution or association.

Seo. 37. The legislature shall not delegate to any special com-
missioner, private corporation or association, any power to make,
supervise or interfere with any municipal improvements, moneys,
property or effects, whether held in trust or otherwise, to levy
taxes, or to perform any municipal functions whatever.

Sec. 38. No act of the legislature shall authorize the investment
of trust funds by executors, administrators, gruardians or trustees,
in the bonds or stock of any private corporation.

Seo. 39. The legislature shall have no power to pass any law
authorizing the state or any county in the state to contract any debt
or obligation in the construction of any railroad, or give or loan its
credit to or in aid of the construction of the same.

Sec 40. No obligation or liability of any person, association or
corporation, held or owned by the state, or any municipal corpor-
ation therein, shall ever be exchanged, transferred, remitted, released
or postponed, or in any way diminished by the legislature; nor shall
such liability or obligation be extinguished, except by the payment
thereof into the proper treasury.

THE CONSTITUTION OF WYOMING. 207

41. Every order, resolution or vote, in which the concurrence
of both houses may be necessary, except on the question of adjourn-
ment, or relating solely to the transaction of the business of the two
houses, shall be presented to the governor, and before it shall take
effect be approved by him, or, being disapproved, be repassed by two-
thirds of both houses as prescribed in the case of a bill.

Sec. 43. If any person elected to either house of the legrlslature
shall offer or promise to give his vote or influence in favor of or
against any measure or proposition, pending or to be introduced
into the legislature, in consideration or upon condition that any
other person elected to the same legislature will give, or promise
or assent to give his vote or influence in favor of or against any
other measure or proposition pending or proposed to be introduced
into such legislature, the person making such offer or promise shall
be deemed guilty of solicitation of bribery. If any member of the
legislature shall give his vote or influence for or against any meas-
ure or proposition pending or to be introduced in such legislature,
or offer, promise or assent thereto, upon condition that any other
member will give or will promise or assent to give his vote or
influence in favor of or against any other measure or proposition
pending or to be introduced in such legislature, or in consideration
that any other member has given his vote or influence for or against
any other measure or proposition in such legislature, he shall be
deemed guilty of bribery, and any member of the legislature, or
person elected thereto, who shall be guilty of either of such offences,
shall be expelled and shall not thereafter be eligible to the legis-
lature, and on conviction thereof in the civil courts shall be liable
to such further penalty as may be prescribed by law.

Sec. 43. Any person who shall directly or Indirectly offer, give or
promise any money or thing of value, testimonial, privilege or per-
sonal advantage, to any executive or judicial officer or member of
the legislature, to influence him in the performance of any of his
official duties shall be deemed guilty of bribery, and be punished in
such manner as shall be provided by law.

Sec. 44. Any person may be compelled to testify in any lawful
investigation or judicial proceeding against any person who may
be charged with having committed the offense of bribery or cor-
rupt solicitation, or practices of solicitation, and shall not be per-
mitted to withhold his testimony upon the ground that it may
criminate himself, or subject him to public infamy; but such tes-
timony shall not afterwards be used against him in any judicial
proceeding, except for perjury In griving such testimony, and any
person convicted of either of the offenses aforesaid shall, as part
of the punishment therefor, be disqualified from holding any ofl^ce
or position of honor, trust or proflt in this state.

Sec. 45. The offense of corrupt solicitation of members of the
legislature or of public officers of the state, or of any municipal
division thereof, and the occupation or practice of solicitation of
such members or officers to influence their official action shall be
defined by law and shall be punishable by fine and imprisonment.

208 THE GOVERNMENT OF WYOMING.

Sec 46. A member who has a personal or private interest in
any measure or bill proposed or pending before the le^rislature shall
disclose the fact to the house of which he is a member, and shall
not vote thereon.

APPORTIONMENT.

Section 1. One representative in the congress of the United
States shall be elected from the state at large, the Tuesday next
after the first Monday in November, 1890, and thereafter at such
times and places, and in such manner as may be prescribed by law.
When a new apportionment shall be made by congress, the legis-
lature shall divide the state into congressional districts accordingly.

S«o. 2. The legislature shall provide by law for an enumeration
of the Inhabitants of the state in the year 1895, and every tenth year
thereafter, and at the session next following such enumeration,
and also at the session next following an enumeration made by the
authority of the United States, shall revise and adjust the appor-
tionment for senators and representatives, on a basis of such
enumeration according to ratios to be fixed by law.

Sec. 3. Representative districts may be altered from time to time
as public convenience may require. When a representative district
shall be composed of two or more counties, they shall be contiguous,
and the districts as compact as may be. No county shall be divided
in the formation of representative districts.

Sec. 4- Until an apportionment of senators and representatives
as otherwise provided by law, they shall be divided among the sev-
eral counties of the state in the following manner:

Albany county, two senators and five representatives.

Carbon county, two senators and five representatives.

Converse county, one senator and three representatives.

Crook county, one senator and two representatives.

Fremont county, one senator and two representatives.

Laramie county, three senators and six representatives.

Johnson county, one senator and two representatives.

Sheridan county, one senator and two representatives.

Sweetwater county, two senators and three representatives.

Uinta county, two senators and three representatives.

ABTZCXiS IV.

Sxecntive Department.

Section 1. The executive power shall be vested in a governor,
who shall hold his office for the term of four (4) years and until his
successor is elected and duly qualified.

Sec 2. No person shall be eligible to the office of governor unless
he be a citizen of the United States and a qualified elector of the
state, who has attained the age of thirty years, and who has resided
five years next preceding the election within the state or territory,
nor shall he be eligible to any other office during the term for which
he was elected.

Sec. 3. The governor shall be elected by the qualified electors
of the state at the time and place of choosing members of the
legislature. The person having the highest number of votes for

THE CONSTITUTION OF WYOMING. 209

grovernor shall be declared elected, but if two or more shall have
an equal and highest number of votes for governor, the two houses
of the legislature at its next regular session shall forthwith, by
Joint ballot, choose one of such persons for said office. The
returns of the election for governor shall be made in such manner
as shall be prescribed by law.

8«o. 4. The governor shall be commander-in-chief of the military
forces of the state, except when they are called into the service of
the United States, and may call out the same to execute the laws,
suppress insurrection and repel invasion. He shall have power to
convene the legislature on extraordinary occasions. He shall at the
commencement of each session communicate to the legislature by
message, information of the condition of the state, and recommend
4such measures as he shall deem expedient. He shall transact all
necessary business with the officers of the government, civil and
military. He shall expedite all such measures as may be resolved
upon by the legislature and shall take care that the laws be
faithfully executed.

8«o. 5. The governor shall have power to remit fines and for-
feitures, to grant reprieves, commutations and pardons after convic-
tion, for all offences except treason and cases of impeachment; but
the legislature may by law regulate the manner in which the remis-
sion of fines, pardons, commutations and reprieves may be applied
for. Upon conviction for treason he shall have power to suspend
.the execution of sentence until the case is reported in the legis-
lature at its next regular session, when the legislature shall either
pardon, or commute the sentence, direct the execution of the sen-
tence or grant further reprieve. He shall communicate to the
legislature at each regular session each case of remission of fine,
reprieve, commutation or pardon granted by him, stating the name
of the convict, the crime for which he was convicted, the sentence
and its date, and the date of the remission, commutation, pardon or
reprieve with his reasons for granting the same.

8ec. 6. If the governor be impeached, displaced, resign or die, or
from mental or physical disease or otherwise become incapable of
performing the duties of his office or be absent from the state,
the secretary of state shall act as governor until the vacancy is filled
or the disability removed.

Sec. 7. When any office from any cause becomes vacant, and no
mode is provided by the constitution or law for filling such vacancy,
the governor shall have the power to fill the same by appointment.
• Sec. 8. Every bill which has passed the legislature shall, before
it becomes a law, be presented to the governor. If he approve, he
shall sign it; but if not, he shall return it with his objections to
the house in which it originated, which shall enter the objections
at large upon the Journal and proceed to reconsider it. If, after
such reconsideration, two-thirds of the members elected agree to
pass the bill, it shall be sent, together with the objections, to the
other house, by which it shall likewise be reconsidered, and if it
be approved by two-thirds of the members elected, it shall become
a law; but in all such cases the vote of both houses shall be deter-
mined by yeas and n^,ys, and the names of the members voting

210 THE GOVERNMENT OF WYOMING.

for and agrainst the bill shall be entered upon the Journal of each
house respectively. If any bill is not returned by the governor
within three days (Sundays excepted) after its presentation to him,
the same shall be a law, unless the legislature by its adjournment,
prevent its return, in which case it shall be a law, unless he shall
file the same with his objections in the office of the secretary of
state within fifteen days after such adjournment.

Sec 9. The governor shall have power to disapprove of any item
or items or part or parts of any bill making appropriations of money
or property embracing distinct items, and the part or parts of the
bill approved shall be the law, and the item or items and part or
parts disapproved shall be void unless enacted in the following man-
ner: If the legislature be in session he shall transmit to the house
in which the bill originated a copy of the item or items or part or
parts thereof disapproved, together with his objections thereto,
and the items or parts objected to shall be separately reconsidered,
and each item or part shall then take the same course as is pre-
scribed for the passage of bills over the executive veto.

Sec. 10. Any governor of this state who asks, receives or agrees
to receive any bribe upon any understanding that his ofiicial opinion.
Judgment or action shall be influenced thereby, or who gives or
offers, or promises his ofiicial influence in consideration that any
member of the legislature shall give his ofiicial vote or infiuence
on any particular side of any question or matter upon which he is
required to act in his ofiicial capacity, or who menaces any member
by the threatened use of his veto power, or who offers or promises
any member that he, the governor, will appoint any particular
person or persons to any office created or thereafter to be created,
in consideration that any member shall give his official vote or
infiuence on any matter pending or thereafter to be introduced into
either house of said legislature; or who threatens any member that
he, the governor, will remove any person or persons from office
or position with intent in any manner to infiuence the action of
said member, shall be punished in the manner now or that may
hereafter be provided by law, and upon conviction thereof shall
forfeit all right to hold or exercise any office of trust or honor in
this state.

See. 11. There shall be chosen by the qualified electors of the
state at the times and places of choosing members of the legrislature,
a secretary of state, auditor, treasurer, and superintendent of
public instruction, who shall have attained the age of twenty-five
years respectively, shall be citizens of the United States, and shall
have the qualifications of state electors. They shall severally
hold their offices at the seat of government, for the term of four
(4) years and until their successors are elected and duly qualified,
but no person shall be eligible for the office of treasurer for four (4)
years after the expiration of the term for which he was elected.
The legislature may provide for such other state officers as are
deemed necessary.

See. 12. The powers and duties of the secretary of state, of state
auditor, treasurer and superintendent of public instruction shall
be as prescribed by law.

THE CONSTITUTION OF WYOMING. 211

8«o. 13. Until otherwise provided by law, the grovernor shall
receive an annual salary of two thousand Ave hundred dollars, the
secretary of state, state auditor, state treasurer and superintendent
of public Instruction shall each receive an annual salary of two
thousand dollars, and the salaries of any of the said officers shall
not be increased or diminished during the period for which they
were elected, and all fees and profits arising from any of the
said offices shall be covered into the state treasury.

S«o. 14. The legrislature shall provide for a state examiner,
who shall be appointed by the governor and confirmed by the senate.
His duty shall be to examine the accounts of state treasurer,
supreme court clerks, district court clerks, and all county treasurers,
and treasurers of such other public institutions as the law may
require, and shall perform such other duties as the legislature
may prescribe. He shall report at least once a year, and oftener
if required, to such officers as are designated by the legislature.
His compensation shall be fixed by law.

8«o. 16. There shall be a seal of state which shall be called the
" Great Seal of the State of Wyoming; " it shall be kept by the
secretary of state and used by him officially as directed by law.

The seal of the Territory of Wyoming as now used shall be the
seal of the state until otherwise provided by law.

ASTZCl^B ▼.

Judicial Department.

Section 1. The Judicial power of the state shall be vested in
the senate, sitting as a court of impeachment, in a supreme court,
district courts, justices of the peace, courts of arbitration and such
courts as the legislature may, by general law, establish for incor-
porated cities or Incorporated towns.

Sec. 2. The supreme court shall have general appellate Juris-
diction, co-extensive with the state, in both civil and criminal
causes, and shall have a general superintending control over all
Inferior courts, under such rules and regulations as may be pre-
scribed by law.

Sec. 3. The supreme court shall have original Jurisdiction in
quo warranto and mandamus as to all state officers, and in habeas
corpus. The supreme court shall also have power to issue writs of
mandamus, review, prohibition, habeas corpus, certiorari, and other
writs necessary and proper to the complete exercise of its appellate
and revisory jurisdiction. Each of the judges shall have power to
Issue writs of habeas corpus to any part of the state upon petition
by or on behalf of a person held in actual custody, and may make
such writs returnable before himself or before the supreme court,
or before any district court of the state or any judge thereof.

Sec. 4. The supreme court of the state shall consist of three
Justices who shall be elected by the qualified electors of the state
at a general state election at the times and places at which state
officers are elected; and their term of office shall be eight (8) years,
commencing from and after the first Monday in January next
succeeding their election; and the Justices elected at the first elec-
tion after this constitution shall go into effeot shall, at their first

212 THE GOVERNMENT OF WYOMING.

meeting provided by law, so classify themselves by lot that one of
them shall go out of office at the end of four (4) years, and one-
at the end of six (Q) years, and one at the end of eight (8) years
from the commencement of their term, and an entry of such clas-;
isiflcation shall be made in the record of the court and signed by
them, and a, duplicate thereof shall be filed in the office of the
secretary of state. The Justice having the shortest term to serve
and not holding his office by appointment or election to fill a
vacancy, shall be the chief justice and shall preside at all terms of
the supreme court, and, in case of his absence, the justice having
in like manner the next shortest term to serve, shall preside in his
stead. If a vacancy occur in the office of a justice of the supreme-
court, the governor shall appoint a person to hold the office until
the election and qualification of a person to fill the unexpired term
occasioned by such vacancy, which election shall take place at the
next succeeding general election. The first election of the justices
shall be at the first general election after this constitution shall go-
into effect.

S«o. 5. A majority of the justices of the supreme court shall be
necessary to constitute a quorum for the transaction of business,
, 8«o. 6. In (jase a judge of the supreme court shall be in any way
interested in a cause brought before such court the remaining*
judges of said court shall call one of the district judges to sit with
them on the hearing of said cause.

S«o. 7. At least two terms of the supreme court shall be held
annually at the seat of government at such times as may be provided
by law.

8«o. 8. No person shall be eligible to the office of justice of the-
supreme court unless he be learned in the law, have been in actual
practice at least nine (9) years, or whose service on the bench of
any court of record, when added to the time he may have practiced
law, shall be equal to nine (9) years, be at least thirty years of age-
and a citizen of the United States, nor unless he shall have resided"
in this state or territory at least three years.

Seo. 9. There shall be a clerk of the supreme court who shall
be appointed by the justices of said court and shall hold his office-
during their pleasure, and whose duties and emoluments shall be
as provided by law.

. Seo. 10. The district court shall have original jurisdiction of all
causes at law and in equity and in all criminal cases, of all matters:
of probate and insolvency and of such special cases and proceedings^
as are not otherwise provided for. The district court shall also have
original jurisdiction in all cases and of all proceedings in which
jurisdiction shall not have been by law vested exclusively in some-
other court; and said court shall have the power of naturalization
and to issue papers therefor. They shall have such appellate
jurisdiction in cases arising in justices' and other inferior courts
in their respective counties as may be prescribed by law. Said
courts and their judges shall have power to issue writs of man-
damus, quo warranto, review, certiorari, prohibition, injunction and
writs of habeas corpus, on petition by or on behalf of any person
in actual custody in their respective districts.

THE CONSTITUTION OF WYOMING. 213

8«o. 11. The Judgres of the district courts may hold courts for
each other and shall do so when required by law.

8«o. 12. No person shall be eligible to the office of judgre of the
district court unless he be learned in the law, be at least twenty-
eight years of age, and a citizen of the United States, nor unless he
shall have resided in the state or Territory of Wyoming at least
two years next preceding his election.

8«c. 13. There shall be a clerk of the district court in each organ-
ized county In which a court is holden who shall be elected, or, in
case of vacancy, appointed in such manner and with such duties
and compensation as may be prescribed by law.

8«c. 14. The legislature shall provide by law for the appoint-
ment by the several district courts of one or more district court
commissioners (who shall be persons learned in the law) In each
organized county in which a district court is holden, such com-
missioners shall have authority to perform such chamber business
in the absence of the district Judge from the county or upon his
written statement filed with the papers, that It is improper for him
to act, as may be prescribed by law, to take depositions and per-
form such other duties, and receive such compensation as shall
be prescribed by law.

8«o. 15. The style of all process shall be " The State of Wyom-
ing." All prosecutions shall be carried on in the name and by the
authority of the State of Wyoming, and conclude " against the peace
and dignity of the State of Wyoming."

8ec. 16. No duties shall be imposed by law upon the supreme
court or any of the Judges thereof, except such as are Judicial, nor
shall any of the Judges thereof exercise any power of appointment
except as herein provided.

8«o. 17. The Judges of the supreme and district courts shall
receive such compensation for their services as may be prescribed
by law, which compensation shall not be increased or diminished
during the term for which a Judge shall have been elected, and the
salary of a Judge of the supreme or district court shall be as may
be prescribed by law.

S«o. 18. Writs of error and appeals may be allowed from the
decisions of the district courts to the supreme courts under such
regulations as may be prescribed by law.

Seo. 19. Until otherwise provided by law, the state shall be
divided into three Judicial districts, in each of which there shall be
elected at general elections, by the electors thereof, one Judge of the
district court therein, whose terms shall be six (6) years from the
first Monday in January succeeding his election and until his suc-
cessor is duly qualified.

8«c. 20. Until otherwise provided by law, said Judicial districts
shall be constituted as follows:

District number one shall consist of the counties of Laramie,
Converse and Crook.

District number two shall consist of the counties of Albany,
Johnson and Sheridan.

District number three shall consist of the counties of Carbon.
Sweetwater, Uinta and Fremont.

214 THE GOVERNMENT OF WYOMING.

21. The legrislature may from time to time Increase the
number of said Judicial districts and the judgres thereof, but such
increase or change in the boundaries of the district shall not work
the removal of any Judge from his office during the term for which
he may have been elected or appointed; provided the number of
districts and district Judges shall not exceed four until the taxable
valuation of property in the state shall exceed one hundred million
dollars (1100,000,000).

86C. 98. The legislature shall provide by law for the election of
Justices of the peace in each organized county within the state.
But the number of said Justices to be elected in each organized
county shall be limited by law to such number as shall be necessary
for the proper administration of Justice. The justices of the
peace herein provided for shall have concurrent jurisdiction with
the district court in all civil actions where the amount in contro-
versy, exclusive of costs, does not exceed two hundred dollars,
and they shall have such Jurisdiction to hear and determine cases
of misdemeanor as may be provided by law, but in no case shall
said justices of the peace have jurisdiction when the boundaries
of or title to real estate shall come into question.

Sec. 23. Appeals shall lie from the final decisions of Justices of
the peace and police magistrates in such cases and pursuant to such
regulations as may be prescribed by law.

8«o. 24- The time of holding courts in the several counties of a
district shall be prescribed by law, and the legislature shall make
provisions for attaching unorganized counties or territory to organ-
ized counties for Judicial purposes.

S«o. 25. No Judge of the supreme or district court shall act as
attorney or counsellor at law.

Seo. 26. Until the legislature shall provide by law for fixing the
terms of courts, the Judges of the supreme court and district courts
shall fix the terms thereof.

Seo. 27. No Judge of the supreme or district court shall be
elected or appointed to any other than Judicial offices or be eligible
thereto during the term for which he was elected or appointed such
Judge.

Sec. 28. Appeals from decisions of compulsory boards of arbi-
tration shall be allowed to the supreme court of the state, and the
manner of taking such appeals shall be prescribed by law.

JLBTZCI^S VZ.

Saffraflre.

Section 1. The rights of citizens of the state of Wyoming to vote
and hold office shall not be denied or abridged on account of sex.
Both male and female citizens of this state shall equally enjoy all
civil, political and religious rights and privileges.

Seo. 8. Every citizen of the United States of the age of twenty-
one years and upwards, who has resided in the state or territory
one year and in the county wherein such residence is located sixty
days next preceding any election, shall be entitled to vote at such
election, except as herein otherwise provided.

THE CONSTITUTION OF WYOMING. 216

8«o. 3. Electors shall in all cases except treason, felony or
breach of the peace, be privileged from arrest on the days of elec-
tion during their attendance at elections, and going to aiid return-
ing therefrom.

8«o. 4- No elector shall be obliged to perform militia duty on the
day of election, except in time of war or public danger.

S«o. 6. No person shall be deemed a qualified elector of this state,
unless such person be a citizen of the United States.

Sec 6. All idiots, insane persons, and persons convicted of in-
famous crimes, unless restored to civil rights, are excluded from
the elective franchise.

S«o. 7. No elector shall be deemed to have lost his residence in
the state, by reason of his absence on business of the United States,
or of this state, or in the military or naval service of the United
States.

8«o. 8. No soldier, seaman, or marine in the army or navy of the
United States shall be deemed a resident of this state in consequence
of his being stationed therein.

8ec. 9. No person shall have the right to vote who shall not be
able to read the constitution of this state. The provisions of this
section shall not apply to any person prevented by physical dis-
ability from complying with its requirements.

Sec. 10. Nothing herein contained shall be construed to deprive
any person of the right to vote who has such right at the time of
the adoption of this constitution, unless disqualified by the restric-
tions of section six of this article. After the expiration of five years
from the time of the adoption of this constitution, none but citizens
of the United States shall have the right to vote.

Sec. 11. All elections shall be by ballot. The legislature shall
provide by law that the names of all candidates for the same office,
to be voted for at any election, shall be printed on the same ballot,
at public expense, and on election day to be delivered to the voters
within the polling place by sworn public officials, and only such bal-
lots so delivered shall be received and counted. But no voter shall be
deprived of the privilege of writing upon the ballot used the name of
any other candidate. All voters shall be guaranteed absolute privacy
in the preparation of their ballots, and the secrecy of the ballot
shall be made compulsory.

Sec. 12. No person qualified to be an elector of the State of
Wyoming, shall be allowed to vote at any general or special elec-
tion hereafter to be holden in the state, until he or she shall have
registered as a voter according to law, unless the failure to register
is caused by sickness or absence, for which provision shall be made
by law. The legrislature of the state shall enact such laws as will
carry into effect the provisions of this section, which enactment
shall be subject to amendment, but shall never be repealed; but
this section shall not apply to the first election held under this con-
stitution.

Elections.

Section 1. The legislature shall pass laws to secure the purity
of elections, and guard against abuses of the elective franchise.

Sec- 2- The legislature shall, by general law, designate the courts
by which the several classes of election contests not otherwise pro-

216 THE GOVERNMENT OF WYOMING.

vided for, shall be tried, and regrulate the manner of trial and all
matters incident thereto; but no such law shall apply to any con-
test arising: out of an election held before its passagre.

S«o. 3. No person except a qualified elector shall be elected or
appointed to any civil or military office in the state.

860. 4. Every person holding: any civil office under the state or
any municipality therein shall, unless removed according to law,
exercise the duties of such office until his successor Is duly quali-
fied, but this shall not apply to members of the legislature, nor to
members of any board of assembly, two or more of whom are elected
at the same time. The legislature may by law provide for suspend-
ing any officer in his functions, pending impeachment or prosecution
for misconduct in office.

Sac. 5. All general elections for state and county officers, for
members of the house of representatives and the senate of the
state of Wyoming, and representatives to the congress of the United
States, shall be held on the Tuesday following the first Monday In
November of each even year. Special elections may be held as now,
or as may hereafter be provided by law. All state and county
officers elected at a general election shall enter upon their respec-
tive duties on the first Monday in January next following the date
of their election, or as soon thereafter as may be possible.

Sac. 6. All officers, whose election is not provided for in this
constitution, shall be elected or appointed as may be directed by
law.

Sao. 7. No member of congress from this state, nor any person
holding or exercising any office or appointment of trust or profit
under the United States, shall at the same time hold or exercise
any office in this state to which a salary, fees or perquisites shall
be attached. The legislature may by law declare what offices are
incompatible.

Sac. 8. Senators and representatives and all judicial, state and
county officers shall, before entering upon the duties of their re-
spective offices, take and subscribe the following oath or affirma-
tion: "I do solemnly swear (or affirm) that I will support, obey
and defend the constitution of the United States, and the constitu-
tion of this state, and that I will discharge the duties of my office
with fidelity; that I have not paid or contributed, or promised to
pay or contribute, either directly or indirectly, any money or other
valuable thing, to procure my nomination or election, (or appoint-
ment) except for necessary and proper expenses expressly auth-
orized by law; that I have not, knowingly, violated any election law
of the state, or procured it to be done by others ifo my behalf; that
I will not knowingly receive, directly or indirectly, any money or
other valuable thing for the performance or non-performance of any
act or duty pertaining to my office, other than the compensation
allowed by law."

Sac. 9. The foregoing oath shall be administered by some per-
son authorized to administer oaths, and in the case of state officers
and judges of the supreme court shall be filed in the office of the
secretary of state, and in the case of other judicial and county

THE CONSTITUTION OF WYOMING. 217

officers In the office of the clerk of the county In which the same Is
taken; any person refusing to take said oath or affirmation shall
forfeit his office, and any person who shall be convicted of having:
sworn or affirmed falsely, or of having violated said oath or affirma-
tion, shall be guilty of perjury, and be forever disqualified from
holding any office of trust or profit within this state. The oath to
members of the senate and house of representatives shall be ad-
ministered by one of the judges of the supreme court or a Justice
of the peace, in the hall of the house to which the members shall
be elected.

AMTICXbB tzz.

Bdncation.

SaotioiL 1. The legislature shall provide for the establishment
and maintenance of a complete and uniform system of public in-
struction, embracing free elementary schools of every needed kind
and grade, a university with such technical and professional de-
partments as the public good may require and the means of the
state allow, and such other institutions as may be necessary.

S«o. 2. The following are declared to be perpetual funds for
school purposes, of which the annual income only can be appropri-
ated, to- wit: Such per centum as has been or may hereafter be
granted by congress on the sale of lands in this state; all moneys
arising from the sale or lease of sections number sixteen and thirty-
six in each township in the state, and the lands selected or that
may be selected in lieu thereof; the proceeds of all lands that have
been or may hereafter be granted to this state, where by the terms
and conditions of the grant, the same are not to be otherwise ap-
propriated; the net proceeds of lands and other property and effects
that may come to the state by escheat or forfeiture, or from un-
claimed dividends or distributive shares of the estates of deceased
persons; all moneys, stocks, bonds, lands and other property now
belonging to the common school fund.

860. 3. To the sources of revenue above mentioned shall be added
all other grants, gifts and devises that have been or may hereafter
be made to this state and not otherwise appropriated by the terms
of the grant, gift or devise.

S«o. 4. All moneys, stocks, bonds, lands and other property be-
longing to a county school fund, except such moneys and property
as may be provided by law for current use in aid of public schools,
shall belong to and be securely invested and sacredly preserved in
the several counties as a county public school fund, the income of
which shall be appropriated exclusively to the use and support of
free public schools in the several counties of the state.

860. 5. All fines and penalties under general laws of the state
shall belong to the public school fund of the respective counties
and be paid over to the custodians of such funds for the current
support of the public schools therein.

S60. 6. All funds belonging to the state for public school pur-
poses, the Interest and income of which only are to be used, shall
be deemed trust funds in the care of the state, which shall keep
them for the exclusive benefit of the public schools, and shall make

218 THE GOVERNMENT OF WYOMING.

good any losses that may in any manner occur, so that the same
shall remain forever Inviolate and undiminished. None of such
funds shall ever be Invested or loaned except on the bonds issued
by school districts, or regristered county bonds of the state, or state
securities of this state, or of the United States.

S«o. 7- The income arising from the funds mentioned in the pre-
ceding section, together with all the rents of the unsold school
lands and such other means as the legislature may provide, shall
be exclusively applied to the support of free schools in every county
in the state.

Sec. 8. Provision shall be made by general law for the equitable
distribution of such income among the several counties according
to the number of children of school age in each; which several
counties shall in like manner distribute the proportion of said fund
by them received respectively to the several school districts em-
braced therein. But no appropriation shall be made from said fund
to any district for the year in which a school has not been main-
tained for at least three months; nor shall any portion of any public
school fund ever be used to support or assist any private school, or
any school, academy, seminary, college or other institution of learn-
ing controlled by any church or sectarian organization or religious
denomination whatsoever.

Sec. 9- The legislature shall make such further provision by
taxation or otherwise, as with the income arising from the general
school fund will create and maintain a thorough and efficient sys-
tem of public schools, adequate to the proper instruction of all the
youth of the state, between the ages of six and twenty-one years,
free of charge; and in view of such provision so made, the legis-
lature shall require that every child of sufficient physical and
mental ability shall attend a public school during the period between
six and eighteen years for a time equivalent to three years, unless
educated by other means.

Sec. 10. In none of the public schools so established and main-
tained shall distinction or discrimination be made on account of sex,
race or color.

See. 11- Neither the legislature nor the superintendent of public
instruction shall have power to prescribe text books to be used in
the public schools.

Sec. 12. No sectarian instruction, qualifications or tests shall be
imparted, exacted, applied or in any manner tolerated in the schools
of any grade or character controlled by the state, nor shall attend-
ance be required at any religious service therein, nor shall any
sectarian tenets or doctrines be taught or favored in any public
school or institution that may be established under this constitu-
tion.

Sec. 13. The governor, secretary of state, state treasurer and
superintendent of public instruction shall constitute the board of
land commissioners, which, under direction of the legislature, as
limited by this constitution, shall have direction, control, leasing
and disposal of the lands of the. state granted, or which may be
hereafter granted for the support and benefit of public schools,
subject to the further limitations that the sale of all lands shall

THE CONSTITUTION OF WYOMING. 219

be at public auction, after such delay (not less than the time fixed
by congress) in portions at proper intervals of time, and at such
minimum prices (not less than the minimum fixed by congress) as
to realize the largest possible proceeds.

Sec. 14* The general supervision of the public schools shall be
entrusted to the state superintendent of public instruction, whose
powers and duties shall be prescribed by law.

The TSnivexwity.

See. 16. The establishment of the University of Wyoming is
hereby confirmed, and said institution, with its sevferal departments,
Is hereby declared to be the University of the State of Wyoming.
All lands which have been heretofore granted or which may be
granted hereafter by congress unto the university as such, or in
aid of the instruction to be given in any of its departments, with
all other grants, donations, or devises for said university, or for
any of its departments, shall vest in said university, and be ex-
clusively used for the purposes for which they were granted, do-
nated or devised. The said lands may be leased on terms approved
by the land commissioners, but may not be sold on terms not ap-
proved by congress.

Sec 16. The university shall be equally open to students of both
sexes, irrespective of race or color; and, in order that the instruc-
tion furnished may be as nearly free as possible, any amount in
addition to the income from its grants of lands and other sources
above mentioned, necessary to its support and maintenance in a
condition of full efficiency shall be raised by taxation or otherwise,
under provisions of the legislature.

Sac. 17. The legislature shall provide by law for the management
of the university, its lands and other property by a board of trus-
tees, consisting of not less than seven members, to be appointed by
the governor by and with the advice and consent of the senate, and
the president of the university, and the superintendent of public
instruction, as members ex-offlcio, as such having the right to speak,
but not to vote. The duties and powers of the trustees shall be
prescribed by law.

Charitable and Penal Institntions.

Sac. 18. Such charitable, reformatory and penal institutions as
the claims of humanity and the public good may require, shall be
established and supported by the state in such manner as the legis-
lature may prescribe. They shall be under the general supervision
of a state board of charities and reform, whose duties and powers
shall be prescribed by law.

Sec. 19. The property of all charitable and penal institutions be-
longing to the Territory of Wyoming shall, upon the adoption of
this constitution, become the property of the state of Wyoming,
and such of said institutions as are then in actual operation, shall
thereafter have the supervision of the board of charities and reform
as provided in the last preceding section of this article, under pro-
visions of the legislature.

220 THE GOVERNMENT OF WYOMING.

PnbUc Kealth and Morals.

Sec 20. As the health and morality of the people are essential
to their well-being:, and to the peace and permanence of the state,
it shall be the duty of the legrislature to protect and promote these
vital interests by such measures for the encouragement of temper-
ance and virtue, and such restrictions upon vice and immorality of
every sort, as are deemed necessary to the public welfare.

PnbUo BuUdinsrs.

S«o. 21. All public buildings and other property, belonging to
the territory shall, upon the adoption of this constitution, become
the property of the state of Wyoming.

Sao. 22. The construction, care and preservation of all public
buildings of the state not under the control of the board of officers
of public institutions by authority of law shall be entrusted to such
officers or boards, and under such regulations as shall be prescribed
by law.

S«o. 23. The legislature shall have no power to change or to lo-
cate the seat of government, the state university, insane asylum, or
state penitentiary, but may after the expiration of ten (10) years
after the adoption of this constitution, provide by law for submit-
ting the question of the permanent locations thereof, respectively,
to the qualified electors of the state, at some general election, and
a majority of all votes upon said question cast at said election,
shall be necessary to determine the location thereof; but for said
period of ten (10) years, and until the same are respectively and
permanently located, as herein provided, the location of the seat
of government and said institutions shall be as follows:

The seat of government shall be located at the City of Cheyenne,
in the county of Laramie. The State University shall be located
at the City of Laramie, in the county of Albany. The insane asylum
shall be located at the town of Evanston, in the county of Uinta.
The penitentiary shall be located at the City of Rawlins, in the
county of Carbon; but the legislature may provide by law that said
penitentiary may be converted to other public uses. The legisla-
ture shall not locate any other public institutions except under gen-
eral laws, and by vote of the people.

ABTZCUB Vlil.
Irrigation and Water Bights.

Section 1. The water of all natural streams, springs, lakes or
other collections of still water, within the boundaries of the state,
are hereby declared to be the property of the state.

Sec. 2. There shall be constituted a board of control, to be com-
posed of the state engineer and superintendents of the water di-
visions; which shall, under such regulations as may be prescribed
by law, have the supervision of the waters of the state and of their
appropriation, distribution and diversion, and of the various offi-
cers connected therewith. Its decisions to be subject to review bj'
the courts of the state.

THE CONSTITUTION OF WYOMING. 221

S«o. 3. Priority of appropriation for beneficial uses shall grive
the better right. No appropriation shall be denied except when
such denial is demanded by the public interests.

Seo. 4. The legrislature shall by law divide the state into four
(4) water divisions, and provide for the appointment of superin-
tendents thereof.

S«o. 5. There shall be a state engrineer who shall be appointed
by the governor of the state and confirmed by the senate; he shall
hold his ofilce for the term of six (6) years, or until his successor
shall have been appointed and shall have qualified. He shall be
president of the board of control, and shall have general super-
vision of the waters of the state and of the ofilcers connected with
its distribution. No person shall be appointed to this position who
has not such theoretical knowledge and such practical experience
and skill as shall fit him for the position.

ABTZCU3 ZX.

Mines and Mining.

Section 1. There shall be established and maintained the office
of inspector of mines, the duties and salary of which shall be pre-
scribed by law. When said office shall be established, the governor
shall, with the advice and consent of the senate, anpoint thereto
a person proven in the manner provided by law to be competent and
practical, whose term of office shall be two years.

Seo. a. The legislature shall provide by law for the proper de-
velopment, ventilation, drainage and operation of all mines in this
state.

Sec. 3. No boy under the age of fourteen years and no woman
or girl of any age shall be employed or permitted to be in or about
any coal, iron or other dangerous mines for the purpose of em-
ployment therein; provided, however, this provision shall not affect
the employment of a boy or female of suitable age in an office or
in the performance of clerical work at such mine or colliery.

Sec. 4» For any injury to person or property caused by wilful
failure to comply with the provisions of this article, or laws passed
in pursuance hereof, a right of action shall accrue to the party
injured, for the damage sustained thereby, and in all cases in this
state, whenever the death of a person shall be caused by wrongful
act, neglect or default, such as would, if death had not ensued,
have entitled the party injured to maintain an action to recover
damages in respect thereof, the person who, or the corporation which
would have been liable, if death had not ensued, shall be liable to
an action for damages notwithstanding the death of the person in-
jured, and_the legislature shall provide by law at its first session for
the manner in which the right of action in respect thereto shall
be enforced.

Sec. 5. The legislature may provide that the science of mining
and metallurgy be taught in one of the institutions of learning
under the patronage of the state.

222 THE GOVERNMENT OF WYOMING.

Sac. 6. There shall be a state geologrist, who shall be appointed
by the governor of the state, with the advice and consent of the
senate. He shall hold his office for a term of six (6) years or until
his successor shall have been appointed and shall have qualified.
His duties and compensation shall be prescribed by law. No person
shall be appointed to this position unless he has such theoretical
knowledge and such practical experience and skill as shall fit him
for the position; said state geologist shall ex-officio perform the
duties of inspector of mines until otherwise provided by law.
ASTZC&S Z.
Corporations.

Saotion 1. The legislature shall provide for the organization of
corporations by general law. All laws relating to corporations may
be altered, amended or repealed by the legislature at any time
when necessary for the public good and general welfare, and all
corporations doing business in this state may as to such business
be regulated, limited or restrained by law not in conflict with the
constitution of the United States.

Sec. 2. All powers and franchises of corporations are derived
from the people and are granted by their agent, the government,
for the public good and general welfare, and the right and duty of
the state to control and regulate them for these purposes is hereby
declared. The power, rights and privileges of any and all cor-
porations may be forfeited by willful neglect or abuse thereof. The
police power of the state is supreme over all corporations as well
as individuals.

Sac. 3. All existing charters, franchises, special or exclusive
privileges under which an actual and bona fide organization shall
not have taken place for the purpose for which formed and which
shall not have been maintained in good faith to the time of the
adoption of this constitution shall thereafter have no validity.

Sac. 4. No law shall be enacted limiting the amount of damages
to be recovered for causing the injury or death of any person. Any
contract or agreement with any employe waiving any right to re-
cover damages for causing the death or in jury of any employe sball
be void.

Sac 5. No corporation organized under the laws of Wyoming Ter-
ritory or any other jurisdiction than this state, shall be permitted
to transact business in this state until it shall have accepted the
constitution of this state and filed such acceptance in accordance
with the laws thereof.

Sao. 6. No corporation shall have power to engage in more than
one general line or department of business, which line of business
shall be distinctly specified in its charter of incorporation.

Sao. 7. All corporations engaged in the transportation of per-
sons, property, mineral oils, and mineral products, news or intelli-
gence, including railroads, telegraphs, express companies, pipe lines
and telephones, are declared to be common carriers.

Sao. 8. There shall be no consolidation or combination of cor-
porations of any kinds whatever to prevent competition, to con-
trol or influence productions or prices thereof, or in any manner, to
interfere with the public good and general welfare.

THE CONSTITUTION OF WYOMING. 223

S«o. 9. The right of eminent domain shall never be so abridged
or construed as to prevent the legislature from taking property and
franchises of incorporated companies and subjecting them- to public
use the same as the property of individuals.

Sec 10. The legislature shall provide by suitable legislation for
the organization of mutual and co-operative associations or corpora-
tions.

Sallroads.

Seotlon 1- Any railroad corporation or association organized for
the purpose, shall have the right to construct and operate a rail-
road between any points within this state and to connect at the state
line with railroads of other states. • Every railroad shall have the
right with its road to intersect, connect with or cross any other
railroad, and all railroads shall receive and transport each other's
passengers, and tonnage and cars, loaded or empty, without delay
or discrimination. •

Seo. a. Railroad and telegraph lines heretofore constructed or
that may hereafter be constructed in this state are hereby declared
public highways and common carriers, and as such must be made
by law to extend the same equality and impartiality to all who use
them, excepting employes and their families and ministers of the
gospel, whether individuals or corporations.

860. 3. Every railroad corporation or association operating a
line of railroad within this state shall annually make a report to the
auditor of state of its business within this state, in such form as
the legislature may prescribe.

See. 4. Exercise of the power and right of eminent domain shall
never be so construed or abridged as to prevent the taking by the
legislature of property and franchises of incorporated companies
and subjecting them to public use the same as property of Individ-

uals. , 1 j«

BM. 6. Neither the state, nor any county, township, school dis-
trict or municipality shall loan or give Its credit or make donaUons
to or In aid of any railroad or telegraph line; provided, that this
section Shall not apply to obligations of ^"^ «°""*'^' ,^"''' ^^'T"!
ship or school district, contracted prior to the adoption of this

°°»o. 6. °No railroad or other transportation company or tele-
Javb company In existence upon the adoption of this constitution
SS?1 deZeThe benefit of any future legislation without first filing
in the office of the secretary of state an acceptance of the pro-
visions of this constitution.

SM. 7. Any association, corporation or lessee of the franchises
thereof organized for the purpose shall have *"« right to construct
and maintain lines of telegraph within this state, and to connect

*'Ln' NoVe'gn railroad or telegraph line shall do any busi-
ness within this state without having an agent or agents w thin
^ch Tounty through which such railroad or telegraph line shall be
constructed upon whom process may be served.

Si 9. NO railroad company shall construct or operate a raU-
roaTwlthin four (4) miles of any existing town or city without

224 THE GOVERNMENT OF WYOMING.

providing a suitable depot or stopping place at the nearest practic-
able point for the convenience of said town or city, and stopping all
trains doing local business at said stopping place. No railroad
company shall deviate from the most direct practicable line In con-
structing a railroad for the purpose of avoiding the provisions of
this section.

ABTZCAS ZZ.

Bonndarlefli. ^

S«otlon 1. The boundaries of the state of Wyoming shall be as
follows: Commencing at the intersection of the twenty-seventh
meridian of longitude west from Washington with the forty-fifth
degree of north latitude, and running thence west to the thirty-
fourth meridian of west longitude, thence south to the forty-first
degree of north latitude, thence east to the twenty-seventh merid-
ian of west longitude, and thence north to place of beginning.

ASTZCU3 ZZZ.

County Organisation.

Section 1. The several counties in the territory of Wyoming as
they shall exist at the time of the admission of said territory as a
state, are hereby declared to be the counties of the state of Wyo-
ming.

Boo. 2. The legislature shall provide by general law for organiz-
ing new counties, locating the county seats thereof temporarily and
changing county lines. But no new county shall be formed unless
it shall contain within the limits thereof property of the valuation
of two million dollars, as shown by last preceding tax returns, and
not then unless the remaining portion of the old county or counties
shall each contain property of at least three million of dollars of
assessable valuation; and no new county shall be organized nor shall
any organized county be so reduced as to contain a population of less
than one thousand five hundred bona fide inhabitants, and in case
any portion of an organized county or counties is stricken off to
form a new. county, the new county shall assume and be holden for
an equitable proportion of the indebtedness of the county or counties
so reduced. No county shall be divided unless a majority of the
qualified electors of the territory proposed to be cut off voting on the
proposition shall vote in favor of the division.

Seo. 3. The legislature shall provide by general law for chang-
ing county seats in organized counties, but it shall have no power
to remove the county seat of any organized county.

Sec. 4. The legislature shall provide by general law for a system
of township organization and government, which may be adopted
by any county whenever a majority of the citizens thereof voting
at a general election shall so determine.

Sec. 5. The legislature shall provide by law for the election of
such county officers as may be necessary.

THE CONSTITUTION OF WYOMING. 225

ASTZC^US nil.

mmlclpal Corporations.

Section 1. The legislature shall provide by greneral laws for the
organization and classification of municipal corporations. The num-
ber of such classes shall not exceed four (4), and the powers of
each class shall be defined by general laws, so that no such corpora-
tion shall have any powers or be subject to any restrictions other
than all corporations of the same class. Cities and towns now ex-
isting under special charters or the general laws of the territory
may abandon such charter and re-organize under the general laws
of the state.

Seo. 2. No municipal corporation shall be organized without the
consent of the majority of the electors residing within the district
proposed to be so incorporated, such consent to be ascertained in the
manner and under such regulations as may be prescribed by law.

Seo. 3. The legislature shall restrict the powers of such corpora-
tions to levy taxes and assessments, to borrow money and contract
debts so as to prevent the abuse of such power, and no tax or assess-
ment shall be levied or collected or debts contracted by municipal
corporations except In pursuance of law for public purposes speci-
fied by law.

Sec. 4. No street passenger railway, telegraph, telephone or elec-
tric light line shall be constructed within the limits of any munici-
pal organization without the consent of its local authorities.

Sec. 5. Municipal corporations shall have the same right as in-
dividuals to acquire rights by prior appropriation and otherwise to
the use of water for domestic and municipal purposes, and the legis-
lature shall provide by law for the exercise upon the part of incor-
porated cities, towns and villages of the right of eminent domain
for the purpose of acquiring from prior appropriators upon the pay-
ment of just compensation, such water as may be necessary for the
well being thereof and for domestic uses.

ABTZCIkB ZZV.

Salaries.

Section 1. All state, city, county, town and school ofilcers, (ex-
cepting justices of the peace and constables in precincts having less
than fifteen hundred population, and excepting court commissioners,
boards of arbitration and notaries public) shall be paid fixed and
definite salaries. The legislature shall, from time to time, fix the
amount of such salaries as are not already fixed by this constitu-
tion, which shall in all cases be in proportion to the value of the
services rendered and the duty performed.

Sec. 2. The legislature shall provide by law the fees which may
be demanded by justices of the peace and constables in precincts
having less than fifteen hundred population, and of court commis-,
sioners, boards of arbitration and notaries public, which fees the
dald ofilcers shall accept as their full compensation. But all other
state, county, city, town and school officers shall be required by law
to keep a true and correct account of all fees collected by them,
and to pay the same into the proper treasury when collected, and

226 THE GOVERNMENT OF WYOMING.

the officer whose duty it is to collect such fees shall be held re-
sponsible, under his bond, for negrlect to collect the same; provided,
that in addition to the salary of sheriff they shall be entitled to
receive from the party for whom the services are rendered in civil
cases such fees as may be prescribed by law.

Sec. 3. The salaries of county officers shall be fixed by law within
the followingr limits, to- wit: In counties havingr an assessed valua-
tion not exceeding: two millions (2,000,000) of dollars, the sheriff
shall be paid not more than fifteen hundred dollars per year. The
county clerk shall not be paid more than twelve hundred ($1,200)
dollars per year. The county and prosecuting: attorney shall not
be paid more than twelve hundred ($1,200) dollars per year. The
county treasurer shall not be paid more than one thousand ($1,000)
dollars per year. The county assessor shall not be paid more than
one thousand ($1,000) dollars per year. The county superintend-
ent of schools shall not be paid more than five hundred ($500) dol-
lars per year.

In counties having an assessed valuation of more than two mil-
lions ($2,000,000) 'of dollars and not exceeding five millions ($5,000,-
000) of dollars, the sheriff shall not be paid more than two thous-
and ($2,000) dollars per year. The coupty clerk shall not be paid
more than eighteen hundred ($1,800) dollars per year. The county
treasurer shall not be paid more than eighteen hundred ($1,800)
dollars per year. The county assessor shall not be paid more than
twelve hundred ($1,200) dollars per year. The county and prosecut-
ing attorney shall not be paid more than fifteen hundred ($1,500)
dollars per year. The county superintendent of schools shall not
be paid more than seven hundred and fifty ($750) dollars per year.

In counties having more than five millions ($5,000,000) dollars as-
sessed valuation, the sheriff shall not be paid more than two thou-
sand ($2,000) dollars per year. The county clerk shall not be paid
more than two thousand ($2,000) dollars per year. The county
treasurer sball not be paid more than two thousand ($2,000) dol-
lars per year. The county assessor shall not be paid more than
fifteen hundred ($1,500) dollars per year. The county and prose-
cuting attorney shall not be paid more than twenty-five hundred
($2,500) dollars per ye&r. The county superintendent of schools
shall not be paid more than one thousand ($1,000) dollars per year.
The county surveyor in each county shall receive not to exceed
eight ($8.00) dollars per day, for each day actually engaged in the
performance of the duties of his office.

Sec. 4. The legislature shall provide by general law for such
deputies as the public necessities may require, and shall fix their
compensation.

S«o. 6. Any county officers performing the duties usually per-
formed by the officers named in this article shall be considered as
referred to by section 3 of this article, regardless of the title by
which their offices may hereafter be designated.

Sao. 6. Whenever practicable the legislature may, and whenever
the same can be^ done without detriment to the public service, shall
consolidate offices in state, county and municipalities respectively,
and whenever so consolidated, the duties of such additional office
shall be performed under an ex-officio title.

THE CONSTITUTION OF WYOMING. 2*7

ABTZCAS XT.

TMcation and Beraiine.

Saotioa 1. All lands and improvements thereon shall be listed
for assessment, valued for taxation and assessed separately.

S«o. 2. All coal lands in the state from which coal is not being
mined shall be listed for assessment, valued for taxation and as-
sessed according to value.

Sec. 3. All mines and mining claims from which gold, silver and
other precious metals, soda, saline, coal, mineral oil or other valu-
able deposits, is or may be produced shall be taxed in addition to
the surface improvements, and in lieu of taxes on the lands, on the
gross product thereof, as may be prescribed by law; provided, that
the product of all mines shall be taxed in proportion to the value
thereof.

Sao. 4. For state revenue, there shall be levied annually a tax
not to exceed four mills on the dollar of the assessed valuation of
the property in the state except for the 'support of state educational
and charitable institutions, the payment of the state debt and the
interest thereon.

See. 5. For county revenue there shall be levied annually a tax
not to exceed twelve mills on the dollar for all purposes including
general school tax, exclusive of state revenue, except for the pay-
ment of its public debt and the interest thereon. An additional tax
of two dollars for each person between the ages of twenty-one
years and fifty years, inclusive, shall be annually levied for county
school purposes.

S«o. 6. No incorporated city or town shall levy a tax to exceed
eight mills on the dollar in any one year, except for the payment
of its public debt and the interest thereon*

Sec. 7. All money belonging to the state, or to any county, city,
town, village, or other sub-division therein, except as herein other-
wise provided, shall whenever practicable, be deposited in a national
bank or banks, or in a bank or banks Incorporated under the laws
of this state; provided that the bank or banks in which such money
is deposited shall furnish security to be approved as provided by
law; and shall also pay a reasonable rate of interest thereon. Such
interest shall accrue to the fund from which it is derived.

Sec. 8. The making of profit, directly or indirectly, out of state,
county, city, town or school district money or other public fund,
or using the same for any purpose not authorized by law, by any
public ofldcer, shall be deemed a felony, and shall be punished as
provided by law.

Sec. 9. There shall be a state board, composed of the state au-
ditor, treasurer and secretary of state.

Sec. 10. The duties of the state board shall be as follows: To
fix a valuation each year for the assessment of live stock and to
notify the several county boards of equalization of the rate so fixed
at least ten (10) days before the day fixed for beginning assess-
ments; to assess at their actual value the franchises, roadway, road-
bed, rails and rolling stock and all other property, used in the opera-
tion of all railroads and other common carriers, except machine

228 THE GOVERNMENT OF WYOMING.

shops, rolling mills and hotels in this state; such assessed valua-
tion shall be apportioned to the counties in which said roads and
common carriers are located, as a basis for taxation of such prop-
erty; provided, that the assessment so made shall not apply to In-
corporated towns and cities. Said board shall also have power to
equalize the valuation on all property in the several counties for
the state revenue and such other duties as may be prescribed by
law.

Seo. 11. All property, except as in this constitution otherwise
provided, shall be uniformly assessed for taxation, and the legis-
lature shall prescribe such regulations as shall secure a just valua-
tion for taxation of all property, real and personal.

Seo. la. The property of the United States, the state, counties,
cities, towns, school districts, municipal corporations and public
libraries, lots with the buildings thereon used exclusively for re-
ligious worship, church parsonages, public cemeteries, shall be ex-
empt from taxation, and such other property as the legislature may
by general law provide.

See. 13. No tax shall be levied, except in pursuance of law, and
every law imposing a tax shall state distinctly the object of the
same, to which only it shall be applied.

Seo. 14. The power of taxation shall never be surrendered or
suspended by any grant or contract to which the state or any county
or other municipal corporation shall be a party.

ABTZCIJB ZTZ.

PnbUo Indebtednese.

SeotioiL 1. The state of Wyoming shall not, in any manner,
create any indebtedness exceeding one per centum on the assessed
value of the taxable property in the state, as shown by the last gen-
eral assessment for taxation, preceding; except to suppress insur-
rection or to provide for the public defense.

Seo. 2. No debt in excess of the taxes for the current year, shall
in any manner be created in the state of Wyoming, unless the
proposition to create such debt shall have been submitted to a vote
of the people and by them approved; except to suppress insurrec-
tion or to provide for the public defense.

Seo. 3. No county in the state of Wyoming shall in any manner
create any indebtedness, exceeding two per centum on the assessed
value of taxable property in such county, as shown by the last gen-
eral assessment, preceding; provided, however, that any county,
city, town, village or other sub-division thereof in the state of Wyo-
ming, may bond its public debt existing at the time of the adoption
of this constitution, in any sum not exceeding four per centum on
the assessed value of the taxable property in such county, city, town,
village or other sub-division, as shown by the last general assess-
ment for taxation.

Seo. 4. No debt in excess of the taxes for the current year shall,
in any manner, be created by any county or sub-division thereof, or
any city, town or village, or any sub-division thereof in the state'
of Wyoming, unless the proposition to create such debt shall have
been submitted to a vote of the people thereof and by them approved.

THE CONSTITUTION OF WYOMING. 229

Sec 5. No city, town or vlllagre, or any sub-division thereof, or
any sub-division of any county of the state of Wyomingr, shall, in
any manner, create any indebtedness exceeding: two per centum on
the assessed value of the taxable property therein; provided, how-
ever, that any city, town or villagre may be authorized to create an
additional indebtedness, not exceedingr four per centum on the as-
sessed value of the taxable property therein as shown by the last
preceding greneral assessment, for the purpose of building: sewerage
therein. Debts contracted for supplying water to such city or town
are excepted from the operation of this section.

Sao. 6. Neither the state nor any county, city, township, town,
school district,or any other political sub-division, shall loan or give
its credit or make donations to or in aid of any individual, associa-
tion or corporation, except for necessary support of the poor, nor
subscribe to or become the owner of the capital stock of any associa-
tion or corporation. The state shall not engage in any work of in-
ternal improvement unless authorized by a two-thirds vote of the
people.

Sec. 7. No money shall be paid out of the state treasury except
upon appropriation by law and on warrant drawn by the proper
officer, and no bills, claims, accounts or demands against the state,
or any county or political sub-division, shall be audited, allowed or
paid until a full Itemized statement in writing, verified by affidavit,
shall be filed with the officer or officers whose duty it may be to
audit the same.

Seo. 8. No bond or evidence of indebtedness of the state shall be
valid unless the same shall have endorsed thereon a certificate
signed by the auditor and secretary of state that the bond or evi-
dence of debt is issued pursuant to law and is within the debt limit.
No bond or evidence of debt of any county, or bond of any township
or other political sub-division, shall be valid unless the same shall
have endorsed thereon a certificate signed by the county auditor
or other officer authorized by law to sigrn such certificate, stating
that said bond or evidence of debt is Issued pursuant to law and is
within the debt limit.

AMTlCIdB ZVZZ.

State Militia.

Section 1. The militia of the state shall consist of all able-
bodied male citizens of the state, between the ages of eighteen and
forty-five years; except such as are exempted by the law of the
United States or the state. But all such citizens having scruples
of conscience reverse to bearing arms shall be excused therefrom
upon such conditions as shall be prescribed by law.

Seo. 2. The legislature shall provide by law for the enrollment,
equipment and discipline of the militia to conform as nearly as
practicable to the regulations for the government of the armies of
the United States.

Sec. 3. All militia officers shall be commissioned by the govern-
or, the manner of their selection to be provided by law, and may
hold their commissions for such period of time as the legislature
may provide.

230 THE GOVERNMENT OF WYOMING.

S«o. 4. No military orgranization under the laws of the state shall
carry any banner of flag representing any sect or society or the
flag of any nationality but that of the United States.

Seo. 6. The governor shall be commander-in-chief of all the mili-
tary forces of the state, and shall have power to call out the militia
to preserve the public peace, to execute the laws of the state, to
suppress insurrection or repel invasion.

ABTZC&S ZVJli.

PnbUo AaaOa and DonAtioiui.

Section 1. The state of Wyoming hereby agrees to accept the
grants of lands heretofore made, or that may be hereafter made by
the United States to the state, for educational purposes, for public
buildings and institutions and for other objects, and donations of
money with the conditions and limitations that may be imposed by
the act or acts of congress, making such grants or donations. Such
lands shall be disposed of only at public auction to the highest re-
sponsible bidder, after having been duly appraised by the land com-
missioners, at not less than three-fourths of the appraised value
thereof, and for not less than |10 per acre; provided, that in case
of actual and bona flde settlement and improvement thereon at the
time of the adoption of this constitution, such 'actual settler shall
have the preference right to purchase the land whereon he may
have settled, not exceeding 160 acres at a sum not less than the
appraised value thereof, and in making such appraisment the value
of improvements shall not be taken into consideration. If, at any
time hereafter, the United States shall grant any arid lands in the
state to the state, on the condition that the state reclaim and dis-
pose of them to actual settlers, the legislature shall be authorized to
accept such arid lands on such conditions, or other conditions, if
the same are practicable and reasonable.

Seo. 2. The proceeds from the sale and rental of all lands and
other property donated, granted or received, or that may hereafter
be donated, granted or received, from the United States or any
other source, shall be inviolably appropriated and applied to the
specific purposes specified in the original grant or gifts.

Seo. 3. The governor, superintendent of public instruction and
secretary of state, shall constitute a board of land commissioners
who, under such regulations as may be provided by law, shall have
the direction, control, disposition and care of all lands that have
been heretofore or may hereafter be granted to the state.

Sec. 4. The legislature shall enact the necessary laws for the
sale, disposal, leasing or care of all lands that have been or may
hereafter be granted to the state, and shall, at the earliest practic-
able period, provide by law for the location and selection of all
lands that have been or may hereafter be granted by congress to the
state, and shall pass laws for the suitable keeping, transfer and
disbursement of the land grant funds, and shall require of all oflioers
charged with the same or the safe keeping thereof to grive ample
bonds for all moneys and funds received by them.

THE CONSTITUTION OF WYOMING. 281

5. Except a preference risht to buy as in this constitution
otherwise provided, no law shall ever be passed by the legislature
firrantins any privileges to persons who may have settled upon any
of the schools lands granted to the state subsequent to the survey
thereof by the general government, by which the amount to be de-
rived by the sale, or other disposition of such lands, shall be dimin-
ished directly or indirectly.

8«o. 6. If any portion of the interest or income of the perpetual
school fund be not expended during any year, said portion shall be
added to and become a part of the said school fund.

ABTZC^E

lUsoellaiieoaB.
Zdve Stock.

8«otlon 1. The legislature shall pass all necessary laws to pro-
vide for • the protection of live stock against the introduction or
spread of pleuro-pneumonia, glanders, splenetic or Texas fever, and
other Infectious or contagious diseases. The legislature shall also
establish a system of quarantine, or inspection, and such other
regulations as may be necessary for the protection of stock owners,
and most conducive to the stock interests within the state.
Conoeminflr Aabor.

Section 1. Eight (8) hours actual work shall constitute a lawful
day's work in all mines, and on all state and municipal works.
Aabor on PabUo Works.

Section 1. No person not a citizen of the United States or who
has not declared his intentions to become such, shall be employed
upon or in connection with any state, county or municipal works
or employment.

Sec. a. The legislature shall, by appropriate legislation, see that
the provisions of the foregoing section are enforced.

Boards of Arbitration.
Se c tion 1. The legislature shall establish courts of arbitration,
whose duty it shall be to hear, and determine all differences, and
controversies between organizations or associations of laborers, and
their employers, which shall be submitted to them in such manner
as the legrislature may provide.

Police Powers.

Section 1. No armed police force, or detective agency, or armed
body, or unarmed body of men, shall ever be brought into this
state, for the suppression of domestic violence, except upon the ap-
plication of the legislature, or executive, when the legislature cannot
be convened.

Aabor Contracts.

Section 1. It shall be unlawful for any person, company or cor-
poration, to require of its servants or employees as a condition of
their employment, or otherwise, any contract or agreement, whereby
such person, company or corporation shall be released or dis-
charged from liability or responsibility, on account of personal

232 THE GOVERNMENT OF WYOMING.

injuries received by 3uch servants or employees, while in the service
of such person, company or corporation, by reason -of the negrli-
srence of such person, company or corporation, or the agents or em-
ployees, thereof, and such contracts shall be absolutely null and void.

Arbitration.
Ctootion 1. The Legrislature may provide by law for the voluntary
submission of differences to arbitrators for determination, and said
arbitrators shall have such powers and duties as may be prescribed
by law, but they shall have no power to render Judgement to be
obligratory on parties, unless they voluntarily submit their matters
of difference and agrree to abide by the Judgrment of such arbitrators.

KomesteAds.
Section 1. A homestead as provided by law shall be exempt from
forced sale under any process of law, and shall not be alienated
without the joint consent of husband and wife, when tha't relation
exists; but no property shall be exempt from sale for taxes, or for
the payment of obligrations contracted for the purchase of said
premises, or for the erection of improvements thereon.

ABTZGI^E XX.

Amendments.

Section 1. Any amendment or amendments to this constitution
may be proposed in either branch of the Legrislature, and, if the
same shall be agrreed to by two-thirds of all the members of each
of the two houses, votings separately, such proposed amendment or
amendments shall, with the yeas and nays thereon, be entered on
their Journals, and it shall be the duty of the Legislature to submit
such amendment or amendments to the electors of the State at the
next greneral election, and cause the same to be published without
delay for at least twelve (12) consecutive weeks, prior to said elec-
tion, in at least one newspaper of general circulation, published
in each county, and if a majority of the electors shall ratify the
same, such amendment or amendments shall become a part of this
Constitution.

Sec. 2. If two or more amendments are proposed, they shall be
submitted in such manner that the electors shall vote for or agrainst
each of them separately.

Sec. 3. Whenever two-thirds of the members elected to each
branch of the Legrislature shall deem it necessary to call a conven-
tion to revise or amend this Constitution, they shall recommend to
the electors to vote at the next greneral election for or agrainst a
convention, and if a majority of all the electors voting at such elec-
tion shall have voted for a convention, the Legislature shall at the
next session provided by law for calling the same; and such con-
vention shall consist of a number of members, not less than double
that of the most numerous branch of the Legislature.

Sec. 4. Any Constitution adopted by such convention shall have
no validity until it has been submitted to and adopted by the people.

THE CONSTITUTION OF WYOMING. 233

ABTZCZiE XZZ.

Schednle.
Bttotion 1. That no inconvenience may arise from a changre of
the Territorial government to a permanent State government, It is
declared that all writs, actions, prosecutions, claims, liabilities and
obligations against the Territory of Wyoming, of whatever nature,
and rights of individuals, and of bodies corporate, shall continue as
if no change had taken place in this government, and all process
which may, before the organization of the Judicial department under
this Constitution, be issued under the authority of the Territory of
Wyoming shall be as valid as if issued in the name of the State.

8eo. a. All property, real and personal, and all moneys, credits,
claims and choses in action, belonging to the Territory of Wyoming,
at the time of the adoption of this Constitution, shall be vested in
and become the property of the State of Wyoming.

Sec. 3. All laws now in force In the Territory of Wyoming, which
are not repugnant to this Constitution, shall remain in force until
they expire by their own limitation, or be altered or repealed by the
Legislature.

S«o. 4. All flnes, penalties, forfeitures and escheats, accruing to
the Territory of Wyoming, shall accrue to the use of the State.

S«o. 6. All recognizances, bonds, obligations or other undertakings
heretofore taken, or which may be taken before the organization
of the judicial department under this Constitution shall remain
valid, and shall pass over to and may be prosecuted in the name of
the State, and all bonds, obligations or other undertakings executed
to this Territory, or to any officer in his official capacity, shall pass
over to the proper State authority and to their successors in office,
for the uses therein respectively expressed, and may be sued for and
recovered accordingly. All criminal prosecutions and penal actions
which have arisen or which may arise before the organization of
the judicial department under this Constitution, and which shall then
be pending, may be prosecuted to judgment and execution in the
name of the State.

S«o. 6. All officers, civil and military, holding their offices and
appointments in this Territory, under the authority of the United
States or under the authority of this Territory, shall continue to
hold and exercise their respective offices and appointments until
suspended under this Constitution.

Seo. 7. This Constitution shall be submitted for adoption or re-
jection to a vote of the qualified electors of this Territory, at an
election, to be held on the first Tuesday in November, A. D. 1889.
Said election, as nearly as may be, shall be conducted in all re-
spects in the same manner as provided by the laws of the Territory
for general elections, and the returns thereof shall be made to the
Secretary of said Territory, who with the Governor and Chief Jus-
tice thereof, or any two of them, shall canvass the same, and If a
majority of the legal votes cast shall be for the Constitution the
Governor shall certify the result to the President of the United
States, together with a statement of the votes cast thereon and a
copy of said Constitution, articles, propositions and ordinances. At

234 THE GOVERNMENT OF WYOMING.

the said election the ballots shall be In the following* form: "For
the Constitution — Yes. No." And as a heading to each of said
ballots, shall be printed on each ballot the following Instructions
to voters: "All persons who desire to vote for the Constitution may
erase the word 'No.' All persons who desire to vote against the
Constitution may erase the word 'Yes'." Any person may have
printed or written on his ballot only the words: "For the Con-
stitution," or "Against the Constitution," and such ballots shall be
counted for or against the Constitution accordingly.

8eo. 8. This Constitution shall take effect and be in full force
immediately upon the admission of the Territory as a State.

S«o. 9. Immediately upon the admission of the Territory as a
State, the Governor of the Territory, or in case of his absence or
failure to act, the Secretary of the Territory, or in case of his ab-
sence or failure to act, the president of this convention, shall issue
a proclamation, which shall be published and a copy thereof mailed
to the chairman of the Board of County Commissioners of each
county, calling an election by the people for all State, district and
other officers, created and made elective by this Constitution, and
fixing a day for such election, which shall not be less than forty
days after the date of such proclamation nor more than ninety days
after the admission of the Territory as a State.

S«o. 10. The board of commissioners of the several counties shall
thereupon order such election for said day, and shall cause notice
thereof to be given, in the manner and for the length of time pro-
vided by the laws of the Territory in cases of general elections for
delegate to Congress, and county and other officers. Every qualified
elector of the Territory at the date of said election shall be entitled
to vote thereat. Said election shall be conducted in all respects in
the same manner as provided by the laws of the Territory for gen-
eral election, and the returns theerof shall be made to the can-
vassing board hereinafter provided for.

8eo. 11. The Governor, Secretary of the Territory and president
of this convention, or a majority of them, shall constitute a board
of canvassers to canvass the vote of such election for member of
Congress, all State and district officers and members of the Legisla-
ture. The said board shall assemble at the seat of government of
the Territory on the thirtieth day after the day of such election
(or on the following day if such day fall on Sunday) and proceed
to canvass the votes for all State and district officers and mem-
bers of the Legislature, in the manner provided by the laws of the
Territory for canvassing the vote for delegate to Congress, and
they shall issue certificates of election to the persons found to be
elected to said offices, severally, and shall make and file with the
Secretary of the Territory an abstract certified by them of the num-
ber of votes cast for each person, for each of said offices, and of
the total number of votes cast in each county.

S«o. 12. All officers elected at such election, except members of
the Legislature shall, within thirty days after they have been de-
clared elected, take the oath required by this Constitution, and give
the same bond required by the law of the Territory or district, and

THE CONSTITUTION OF WYOMING. 2:h6

shall thereupon enter upon the duties of their respective offices;
but the Legislature may require by law all such officers to give
other or further bonds as a condition of their continuance in office.

Seo. 13. The Governor-elect of the State, immediately upon his
qualifying and entering upon the duties of his office, shall issue
his proclamation convening the Legislature of the State at the seat
of government, on a day to be named in said proclamation, and which
shall not be less than thirty nor more than sixty days after the date
of such proclamation. Within ten days after the organization of the
Legislature, both houses of the Legislature, in joint session, shall
then and there proceed to elect, as provided by law, two Senators
of the United States for the State of Wyoming. At said election the
two persons who shall receive the majority of all the votes cast by
said Senators and Representatives shall be elected as such United
States Senators, and shall be so declared by the presiding officers
of said joint session. The presiding officers of the Senate and
House shall issue a certificate to each of said Senators certifying
his election, which certificates shall also be signed by the Governor
and attested by the Secretary of State.

S«o. 14. The Legrislature shall pass all necessary laws to carry
into effect the provisions of this Constitution.

Sec 16. Whenever any two of the judges of the Supreme Court
of the State, elected under the provisions of this Constitution, shall
have qualified in their offices, the causes then pending in the Su-
preme Court of the Territory, and the papers, records and proceed-
ings of said court, and the seal and other property pertaining thereto,
shall pass into the jurisdiction and possession of the Supreme Court
of the State; and until so superseded the Supreme Court
of the Territory and the judges thereof shall continue with like
powers and jurisdiction, as if this Constitution had not been
adopted. Whenever the judge of the District Court of any district,
elected under the provisions of this Constitution, shall have qualified
in office, the several causes then pending in the District Court or
the Territory, within any county in such district, and the records
papers and proceedings of said District Court and the seal and other
property pertaining thereto, shall pass into the jurisdiction and
possession of the District Court of the State for such county; and
until the District Courts of this Territory shall be superseded in
the manner aforesaid, the said District Courts and the judges
thereof shall continue with the same jurisdiction and power to be
exercised in the same judicial districts respectively as heretofore
constituted under the laws of the Territory.

S«o. 16. Until otherwise provided by law the seals now in use
In the Supreme and District Courts of this Territory are hereby de-
clared to be the seals of the Supreme and District Courts, re-
spectively, of the State.

Sec. 17. Whenever this Constitution shall go into effect, records
and papers and proceedings of the Probate Court in each county,
and all causes and matters of administration and other matters
pending therein, shall pass into the jurisdiction and possession of
the District Court of the same county, and the said District Court

236 THE GOVERNMENT OF WYOMING.

shall proceed to final decree or Judgment order or other determina-
tion in the said several matters and causes, as the said Probate
Court migrht have done if this Constitution had not been adopted.

S«o. 18. Senators and members of the House of Representatives
shall be chosen by the qualified electors of the several Senatorial
and Representative districts as established in this Constitution, until
such districts shall be changed by law, and thereafter by the quali-
fied electors of the several districts as the same shall be established
by law.

8eo. 19. All county and precinct officers who may be in office at
the time of the adoption of this Constitution, shall hold their re-
spective offices for the full time for which they may have been
elected, and until such time as their successors may be elected and
qualified, as may be provided by law, and the official bonds of all
such officers shall continue in full force and effect as though this
Constitution had not been adopted.

8eo. ao. Members of the Legislature and all State officers, Dis-
trict and Supreme Judges elected at the first election held under
this Constitution shall hold their respective offices for the full term
next ensuing such election, in addition to the period intervening be-
tween the date of their qualification and the commencement of such
full term.

8«o. ai. If the first session of the Legislature under this Consti-
tution shall be concluded within twelve months of the time desig-
nated for a regular session thereof, then the next regular session
following said special session .shall be omitted.

S«o. aa. The first regular election that would otherwise occur
following the first session of the Legislature, shall be omitted, and
all county and precinct officers elected at the first election held un-
der this Constitution shall hold their office for the full term thereof,
commencing at the expiration of the term of the county and pre-
cinct officers then in office, or the date of their qualification.

8eo. as. This Convention does hereby declare on behalf of the
people of the Territory of Wyoming, that this Constitution has been
prepared and submitted to the people of the Territory of Wyoming
for their adoption or rejection, with no purpose of setting up or
organizing a State government until such time as the Congress of
the United States shall enact a law for the admission of the Terri-
tory of Wyoming as a State under its provision.

Ordinanoes.

The following article shall be irrevocable without the consent of
the United States and the people of this State:

Section 1. The State of Wyoming is an inseparable part of the
Federal Union and the Constitution of the United States is the su-
preme law of the land.

Sec. a. Perfect toleration of religious sentimen't shall be secured,
and no inhabitant of this State shall ever be molested in person or
property on account of his or her mode of religious worship.

Sec. 3. The people inhabiting this State do agree and declare that
they forever disclaim all right and title to the unappropriated pub-
lic lands lying within the boundaries thereof, and to all lands lying

THE CONSTITUTION OF WYOMING.

237

within said limits owned or held by any Indian or Indian tribes,
and that until the title thereto shall have been extingruished by the
United States, the same shall be and remain subject to the dispo-
sition of the United States, and that said Indian lands shall remain
under the absolute jurisdiction and control of the Congress of the
United States; that the lands belongringr to citizens of the United
States residing without this State shall never be taxed at a higher
rate than the lands belongring to residents of this State; that no
taxes shall be imposed by this State on lands or property therein,
belonging to, or which may hereafter be purchased by the United
States, or reserved for its use. But nothing in this article shall
preclude this State from taxing as other lands are taxed, any lands
owned or held by any Indian who has severed his tribal relations,
and has obtained from the United States, or from any person, a
title thereto, by patent or other grant, save and except such lands
as have been or may be granted to any Indian or Indians under any
acts of Congress containing a provision exempting the lands thus
granted from taxation, which last mentioned lands shall be exempt
from taxation so long, and to such an extent, as is, or may be pro-
vided in the act of Congress granting the same.

Sec. 4. All debts and liabilities of the Territory of Wyoming
shall be assumed and paid by this State.

8eo. 5. The Legislature shall make laws for the establishment
and maintenance of systems of public schools which shall be open
to all the children of the State and free from sectarian control.

Done in open convention, at the City of Cheyenne, in the Territory
of Wyoming, this 30th day of September in the year of our Lord
one thousand eight hundred and eighty-nine.

Attested:

JOHN K. JEFFREY, Secretary.

MELVILLE C. BROWN.
President.

GEO. W. BAXTER,
A. C. CAMPBELL,
J. A. CASEBEER,
C. D. CLARK,
HENRY A. COFFEEN.
ASBURY B. CONAWAY,
HENRY S. ELLIOTT,
MORTIMER N. GRANT,
HENRY G. HAY,
FREDERICK H. HARVEY,
MARK HOPKINS,
JOHN W. HOYT,
WM. C. IRVINE,
JAMES A. JOHNSTON.
JESSE KNIGHT,
ELLIOTT S. N. MORGAN,
EDWARD J. MORRIS.
JOHN M. McCANDLISH.
HERMAN F. MENOUGH.

CALEB P. ORGAN.
LOUIS J. PALMER,
C. W. HOLDEN,

H. G. NICKERSON,
A. L. SUTHERLAND,
W. E. CHAPLIN,
JONATHAN JONES,
JOHN L. RUSSELL,
GEO. W. FOX.
FRANK M. FOOTE,
CHAS. H. BURRITT,
CHAS. N. POTTER,
D. A. PRESTON,
JOHN A. RINER.
GEO. C. SMITH,
H. E. TESCHEMACHER,
C. L. VAGNER,
THOS. R. REID,
ROBT. C. BUTLER,
C. W. BURDICK.
DE FOREST RICHARDS.
MEYER FRANK.
M. C. BARROW.
RICHARD H. SCOTT.

APPENDIX B

STATE BUILDINGS.

Location Authorized by Legislaturb

Fish Hatchery, Laramie 1884

Capitol, Cheyenne 1886

Insane Asylum, Evanston 1886

University, Laramie 1886

Deaf, Dumb and Blind Asylum, Cheyenne . 1886 (a)

Penitentiary, Rawlins 1888 (b)

Poor Asylum, Lander 1888

Penitentiary, Laramie 1890 (b)

Hospital for Disabled Miners, Rock Springs . 1890 (c)

Branch Fish Hatchery < ^ , .... 095

^ Sundance .... 1895

Soldiers and Sailors' Home, Cheyenne . . 1895 (^)

Big Horn Hot Springs, Thermoplis . . . 1897 (d)

Governor's Residence, Cheyenne .... 1901 (e)

Branch Fish Hatchery J ^^"'^^^ '^^

^ Saratoga .... 1903

Soldiers and Sailors Home, Buffalo . . . 1903 (a)

Branch Hospital, Sheridan 1903 (e)

(a) The unfortunates under this class have been so few in
the State that the building has not been occupied for this pur-
pose, it being more economical to care for them at the institu-
tions in other States. The pupils of this class are in institutions
in Colorado Springs, Colo., Ogden, Utah, and Nebraska City,
Neb. (Our male juvenile delinquents are kept at Colorado In-
dustrial School, Golden, and our female juvenile delinquents at
the Good Shepherd's Industrial School, Denver, Colo.) From
1895 to 1903 this building was used as the Soldiers and Sailors'
Home. The soldiers were transferred to Buffalo, 1903.

(b) When the Territory was organized there was no pro-
vision made for a penitentiary, and our convicted prisoners were
sent to the House of Correction, Detroit, Mich. In 1872 the

THE CONSTITUTION OF WYOMING.

239

penitentiary was built by the government at Laramie and used
as a territorial penitentiary, and also for convicts from the
United States Court. Under the terms of the Wyoming admis-
sion bill the penitentiary became the property of the State and
was used for the prisoners until 1902, when they were transferred
to Rawlins. The Laramie building is now used for the Univer-
sity Experiment Station Farm.

(d) No buildings, only improvements.

(e) Constructed 1904.

The Federal Government building is located at Cheyenne. An
Act of Congress of 1895 approved of an appropriation for the
purchase of a site for this building and the ground on which it
is now located was ceded by Wyoming to the jurisdiction of the
United States. The State has no control over this small tract
of land nor over acts or depredations committed upon it.

APPENDIX C

GOVERNORS OF WYOMING.

From the Organization ov tiik Territory of Wyoming
TO ITS Admission to Statehood.

John A. Campbell
John M. Thayer .
John W. Hoyt .
William Hale .
Francis E. Warren
George W. Baxter
Thomas Moonlight
Francis E. Warren

Date of Appointment

April 7, 1869,
February 10, 1875

. April 10, 1878
. August 3, 1882

February 27, 1885

November 6, 1886
December 20, 1886

. March 27 ^ 1889

240

THE GOVERNMENT OF WYOMING.

(a)
(b)

Since Statehood.
Warren . . October ii, 1890
. November 24, 1890
. January 2, 1893
. . January 7, 1895
. January 2, 1899,
(b) . April 28, 1903

Francis E

Amos W. Barber (a)

John E. Osborne .

William A. Richards

De Forest Richards

Fenimore Chatterton

Acting Governor upon resignation of Francis E. Warren.

Acting Governor upon the death of De Forest Richards.

APPENDIX D

THE SUPREME COURT OF WYOMING.
Territorial Chief Justices.

Date of Appointment

John W. Howe .
Joseph W. Fisher .
James B. Sener .
John W. Lacey .
William L. Maginnis
Willis Van Devanter

. April 6, 1869
October 14, 1871
December 18, 1879.
. . July 5, 1884.
November 8, 1887
. October i, 1889,
State Chief Justices.

Date of Office

October 11, 1890.*

October 15, 1890

January 4, 1897.

December 8, 1897.

January 5, 1903

Willis Van Devanter

Herman V. S. Groesbeck

Asbury B. Conaway .

Charles N. Potter .

Samuel T. Corn .
* Judge Van Devanter was selected, with Judges Groesbeck
and Conaway as Justices of the Supreme Court at the first State
election, held September 11, 1890. They all took the oath of
office October 11, 1890. These three Justices, elected at the
first election by Constitutional provision, classified themselves
by lot. Jud^e Conaway drew the eight-year term. Judge Groes-
beck the six-year term and Judge Van Devanter a four-year
term, and became the Chief Justice, as he had the shortest term
to serve. He resigned October 15th and Judge Groesbeck be-
came Chief Justice.

THE CONSTITUTION OF WYOMING.
APPENDIX E

241

DELEGATES TO CONGRESS FROM WYOMING
TERRITORY.

Term of Office

Stephen F.

Nuckolls .... 1869-71

William T.

Jones

1871-73

William R.

Steele .

1873-77

William W

'. Corlett

1877-79

Stephen W

Downey

1879-81

Morton E.

Post

1881-85

Joseph M.

Carey

1885-90

UNITED STATES SENATORS FROM WYOMING.

Joseph M. Carey 1891-95

Francis E. Warren 1891-93

Francis E. Warren (a) .... 1895-1901

Clarence D. Clark . . . , . 1895-99

Clarence D. Qark 1899-1905

Francis E. Warren 1901-07

UNITED STATES REPRESENTATIVES FROM
WYOMING.

Clarence D. Clark

. . 1890-93

Henry A. Coffeen

• • 1893-95

Frank W. Mondell . .

• - 1895-97

John E. Osborne

• • 1897-99

Frank W. Mondell . .

. . 1899-1905

(a) The Legislature failed to elect a Senator in 1893, and
for two years Wyoming had but one Senator.

242 THE GOVERNMENT OF WYOMING.

APPENDIX F

STATE ELECTIVE OFFICERS.

Term Expires

United States ( Francis E, Warren, March 4, 1907.
Senators ^ Clarence D. Qark, March 4, 1905

Representative in Congress, Frank W. Mondell,

March 4, 1905

Governor, Fenimore Chatterton . (a) January 2, 1905
Secretary of State, Fenimore Chatterton, January 3, 1907
Treasurer, William C. Irvine . . . January 2, 1905

Auditor, Le Roy Grant January 3, 1907,

Supt. Public Instruction, Thomas T. Tynan, January 3, 1907

Chief Justice Suprenne Court, Samuel T. Corn, Jan. 2, 1905

Associate ( Jesse Knight . . January 2, 1907

Justices I Charles N. Potter . January 2, 191 1

/ Richard Scott, ist Dist.. January 4, 1909,

District J Charles E. Carpenter, 2d Dist., Jan. 4, 1909

Judges J David H. Craig, 3d Dist., January 2, 1905

y Joseph L. Stotts, 4th, Dist., Jan 2, 1905

(a) Acting Governor, the Secretary of State becomes Gov
ernor when a vacancy occurs in that office.

INDEX

Accessories, to crime, 131.
Acting Governor, 'j'j.
Acre foot of water, 158.
Adjutant-General, 118.
Administration of Affairs, 123.

of Justice, 125.
Adx>ption of Constitution, 233.
Adulterated foods, 190.
Agricultural College, 146, 152.

land, 147, 148.
Agricultural Department, 159.
Agriculture, Secretary of, 179.
Albany County, 50, 69, 169.
Aliens, 73.

made citizens, 86, 87.

prohibited, 116.
Amendments to Constitution, 74,

232.
American Domain, 19.
Animals, 194.

Animal Industry Bureau, 179.
Annexations, 11.
Annual school elections, 149.
Appeals, 85.

Appelate Jurisdiction, 85.
Appointive officers, 80.
Apportionment, 208.

legislative, 69.

school funds, 105, 149.
Appropriations, 103.

of water, 116.
Arapahoes, 45.

Articles of Confederation, (i2.
Arbitration, 73, 89, 231, 232.
Arbor Day, 153.

holiday, 153.
Arid land, 155.

acceptance of, 114.
Arrest, 130.
Ashley, Wm., 39.
Astor, John Jacob, 38.
Assessor, 172.
Attorney-at-law, 191.

City, 167.

County, 172.

General, 80, 176.

Prosecuting, 172.
Auditor, 107, 109.
Australian Ballot, 95, 136.

Bail, 131.
Ballot Box, 141.

official, 140.
Big Horn County, 50, 169.

forest reserve, 159.

Hot Springs, 192.
Bill of Rights, 61.
Bills in the Legislature, 72.

signed, 73.
Bird Day, 153.
Birds, 152.
Board of Arbitration, 89, 231.

Charities and Reform, 81, 192.

Control, 193.

Equalization, 193.

Health, 188.

Law Examiners, 191.

Live Stock Commissioners, 177.

Sheep Commissioners, 178.

Schools, 149.
(see State Boards.)
Bonneville, Capt., 40, 41.
Booths for Election, 139.
Bosses, 135.
Boundaries of State, 224.

Wyoming, 30.
Bounty on Animals, 179.
Boys, age limit for work, 116.
Brands, stock, 178.
Bribery, 99, 100.
Bridger, James, 39.
Buildings of State, 114, 120, 220,

238.
Bureau of Animal Industry, 179.

Forestry, 159.
Business College, 152.

Candidates, 138, 139.

Capitol, 120.

Carbon County, 50, 69, 169.

Carey Act, 157.

Carey, Joseph M., 53, 56.

Carson, Kit, 40.

Carter County, 50.

Caucus, 135.

Census, 74, 172.

Certificates of Teachers, 150.

Challenge, 129.

Change of Venue, 132.

244

INDEX

Charitable and Penal Institutions,
219.

land, 147.
Charities and Reform Board, 192.
Chemist, State, 189.
Chief Justices, 240.
Children, age limit for work, 116.

in schools, 105.
Christmas, a holiday, 153.
Chronology of Events, 16.
Cigarettes, 190.
Citizens, aliens, 86.

employed on State work, 116.
Citizenship, restored, 81.
City, clerk, 166.

government, 165.

officers, 166.

power, 167.
Civil Action, 128.
Civil Case, 128.
Clark, Wm., 35, 39.
Classes of Counties, 112.
Clerk, City, 166.

County, 170.

District Court, 174.
Colter, John, 38, 41, 193.
Collectors of Birds and Eggs, 152.
Commissioners, County, 170.
Commission of Pharmacy, 191.
Common Law, 126, 127.
Common School Funds, 105.
Complaint, 128.
Congressional Delegates, 241.

Representatives, 97, 241.
Constitution, amended, 74.

adopted, 233.

of United States, 63.

of Wyoming, 59, 199.
Constitutional Convention, 54.
Contagious diseases, 177, 188.
Contract prohibited exempting

liability, 116.
Contract of laborers, 231.
Converse County, 50, 69, 169.
Crime, 130.
Criminal cases, 128.
Crook County, 50, 69, 169.
"Crossmark," 141.
Councilmen, 165.

election of, 140.
Counties, 50, 69.

formed, jz, 74, 169.

County, government, 168.

libraries, 180.

officers, 140, 226.

organization, 224.

seats, 169.

Superintendent of Schools, 149.
Court Commissioners, 88.

decisions, 127.

of impeachment, 83.

stenographer, 84, 87.
Coroner, 173.

Corporations, cities, 114, 117, 118,
166, 222.

Day's work, 116.

Dakota, 28, 29, 50.

Deaf, Dumb and Blind Asylum,

lands, 147.
Debts, 103.

definition of, 104.
Decisions of the court, 127.
Declaration of Independence, 61.

of Rights, 64, 65, 66, 153, 199.
Decoration Day, a holiday, 152.
Defendant, 128.

Delegates to Congress, 48, 241.
Demurrer, 128.
Denominational schools, money

for, prohibited, 91.
Dentistry, 191.

Derivation of county names, 50.
Desert Land Act, 157.
Distribution of powers, 202.
Diseases, contagious, 177, 178, 188.
District Courts, 128.

Clerk, 174.

Judges, 75, 85, 140.
Donations, 230.

of land, 146.
"Due Process of Law," 125.

Education, 91, 92, 144, 217.
Educational Institutions, lands,

147.

Eggs, birds, 152.
Eight hours, day's work, 116.
Elections, 95, 135, 215.
Eminent domain, 115.
Engineer, City, 167. ,

State, III.
English law, 126, 127.
Enrollment of school children, 105.

INDEX

245

Epidemics, i88.

Equalization, Board of, 104, 172,

193.
Equity, cases of, 87.
Estrays, 178.
Examination questions, 122.

of teachers, 150.
Examiners, law, 191.

State Board of, 150.
Executed judgment, 130.
Executive department, 'j'j, 208.
Experiment stations, 148.
Explorers, 35.
Explosives, 190.

Felonies, 130.
Finances of State, 103.
Fish, 182.

hatchery, 182, 238.

lands, 147.
Fishing season, 185.
Flag, school buildings, 153.

United States, 119.
Food, pure, 189.
Forest reserves, 155, 159.

Big Horn, 155.

Medicine Bow, 155.

Yellowstone, 155.
Fort Bridger, 39, 41, 43, 45, 46.

Casper, 42.

Fetterman, 42.

Laramie, 41, 42, 149.

Phil Kearney, 45.

Washakie, 40.
"Forty Niners," 42.
Fourth of July, a holiday, 153.
Frame of government, 64, ^.
Franchise, 91, 117, 135.
Free text-books, 92, 152.
Fremont, 41.

Fremont County, 50, 70, 169.
French rule, 18, 26.
Funds, 103.

Gadsden Purchase, 11.
Gambling, 190.
Game, 188.

Warden, 80, 185.
General elections, 139.

election day, a holiday, 152.
Geological survey, 159.
Geologist, 222.

Girls, work prohibited in mines,

116.
Good government, 133.
Government, 164.

city, 165.

county, 168.

reservoirs, 158.

school districts, 164.

State, 176.

town, 164.
Governor, tj, 107.

commander-in-chief, 1 18.

first of Wyoming, 48.

power of, 81.

qualifications, ^^.

salary, 'j'j,

vacancy, 'j'j.

vote a tie, 74.
Governors, list of, 239.
Graduates, teachers, 150.
Grand jury, loi.
Grants of land, 114.
Grouse, 186.
Guards, National, 118.

Habeas Corpus Act, 61, 85, 131.
Hatch Act, 148.
Health, 188, 220.

examiners, 190.
Hebard, Frederic, S., 95.
High schools, 151.
Historical Society, 182.
Holidays, 152.
Homestead Act, 157.

Right, 102, 232.
Hospital, lands, 147.
House of Representatives, 69.
Humane treatment of animals, 152.
Hunt, Wilson P., 38, 39, 41.
Hunting, season, 188.
Hygiene must be taught, 152.

Illustrations, —
Annexations, 13, 22.
Capitol, I.

Cheyenne Library, 183.
Forest Reserves, 161.
Game Bird, 187.
Indians, 45.
Library, 183.
Maps, 13, 22.
North Piney Lake, 161.

246

INDEX

IWusirsiiions— Continued,

Section, 145.

Township, 145.

University Buildings, 93.
Impeachment, 81 i 83, 99.
Indebtedness, 228.
Indian lands, 115.
Indians, laws governing, 45, 47.
Indictments, loi, 131.
Independence Rock, 40.
Information, 128.
Injury in mines, loi.
Insane Asylum, 120.

lands, 147.
Inspector of Mines, 222.
Insolvency, cases of, 87.
Interchangeable powers, 90.
Investment of State money, 106.
Issue, 128.
Irrigation, 155, 220.

acreage, 115.

Jackson Hole, 40.
Jefferson, Thomas, 32, 35, 37.
Johnson County, 50, 70, 169.
Judges of District Court, 85.

eligibility, 86.

salary, 86.

term, 86.
Judges of the Supreme Court, 83,
85, 107, 240.

qualifications, 84.

salary, 83.

term, 83.
Judgment, 130.
Judicial department, 83, 211.

districts, 85.
Jurisdiction, 85.
Jury, petit and grand, loi, 129.
Justice, administration of, 125.

of the Peace, 88, 127, 173.

Supreme Court, 240.

Kindergartens, 151.

Labor, 114, 116, 227, 231.
Lake De Smet, reservoir, 158.
Land, 114, 146, 230.

acreage, 115.

Agricultural College, 146.

Boards. 192.

Commissioners, 114.

donations, 147.

grant colleges, 147, 148.

offices, 146.
La Ramie, Jacques, 42.
Laramie County, 50, 169.

derivation of name, 42.
Law, cases of, 87.

examiners, 80, 191.
Lawyers, 191.
Leased school lands, 146.
Legal holidays, 152.
Legislative Department, 69, 70,

202.
Legislature, —

compensation, 71.

date of meeting, 73.

length of sessions, 72.

members of, 107, 140.

prohibited, 7.
Levy limit of taxes, 104.
Lewis and Clark, 35, 39, 40.
Liberal Arts, College of, 152.
Librarian, State, 180.
Libraries, 180.

Albany County, 181.

Carnegie, 180.

Cheyenne, 181.

city, 181.

county, 180.

Evanston, 181.

Laramie, 181.

Miscellaneous State, 180.

Sheridan, 181.

State law, 181.

Uinta County, 181.

University, 182.
Limit of, levy of taxes, 104.
Lincoln's Birthday, a holiday, 152.
Live stock, 231.

Commissioners, 177.
Livingston, Robert, 32.
Location of public buildings, 120,

238.
Louisiana Purchase, 11, 12, 25, 27,
31.

Magna Charta, 60, 65.
Making of Wyoming, 27.
Mandamus, 85.
Marshall, City, 167.
Mayor, 140, 165.
Mechanical College, 152.

INDEX

247

Medical examiners, 80, 190.
Medicine Bow Forest Reserve,

159.
Mexican Cession, 11.
Mexico, 20, 28.

secession of, 25.
Militia, 114, 118.
Mines and mining, 221.
Mining, 221.

Minimum price of State land, 146.
Minors, 190.
Miscellaneous State Library, 147,

180.
Misdemeanors, 130.
Mississippi region, 18.
Money for schools, 157.

of State, 106.
Monopoly, 117.
Monroe, James, 32.
Morals, 220.
Mormons, 42.
Morrill Act, 147, 148.
Morris, Mrs. Esther, 49.
Motto of Wyoming, 83.

of University, 83.
Municipal corporation, 116, 117,

225.
Musical College, 152.

Napoleon Bonaparte, 32.
National Guards, 118.

Park, 193.
Natrona County, 51, 70, 169.
Naturalized citizen, 87.
Nests, birds, 152.
New World, 16.
New Year's Day, holiday, 152.
Nomination of candidates, 135,

139.
Normal School, 152.
Northern continent, 17.
Northwest, 17.

Oath of office, 107.
Officers of the County, 170.

of the State, 80, 107, 242.
Official ballot, 140.

oath, 107.
Open season for game, 188.
Ordinances, 65, 66.

to constitution, 236.

Oregon Country, 11, 12, 19, 25,

28, 39.
Original jurisdiction, 85.
Overland trail, 39, 42.
Oxford scholarship, 95.

Pardons, 81.

Parker and Whitman, 40.
Pathfinder reservoir, 158, 159.
Patriotism, flags in school build-
ings, 153.
Party tickets, 140.
Peace, justices of, 173.
Pease County, 50.
Penal Code, 89.

institutes, 147, 219.
Penitentiary, 120.

lands, 147.
Permanent location, public build-
ings, 120.
Personal rights, loi.
Petition of rights, 61.
Petit juiy, 10 1.
Pharmacists, 191.
Pharmacy Commissioners, 80.
Philippines, 119.
Physiology must be taught, 152.
Pike, Zebulon, 38.
Plaintiff, 128.
Platform, 138.
Plea, 131.
Police power, 231.
Political machines, 135.
Polling place, 139.
Poll tax, 104, 227.
Pony express, 43.
Poor farm lands, 147.
Population, 51.
Powers, interchangeable, 90.
Preamble, 65, 199.
President of Senate, 73.
Presidential Electors, 97, 140
Price of State lands, 114.
Primaries, 135, 137.
Principal, to crime, 131.
Prior appropriation of water, 116.
Private corporation, 117.

property, 115.

schools, 105.
Probate, cases of, 87.
Property rights, loi.

without taxes, 103..

248

INDEX

Prosecuting Attorney, 172.
Protection for laborers, loi, 116.
Public buildings, 81, 114, 120, 220.

donations, 230.

health, 220.

indebtedness, 228.

lands, 230.

morals, 220.

works, 231.
Pure food law, 189.

Quarantine, 189.

Questions, ^y^ 75» 81, 90, 97, 102,
106, 112, 121, 122, 134. 142,

153, 160, 174, 194.
Quo warranto, 85.

Railroads, 117, 223.
Reel, Estelle, 49- _

References, 56, ^7. 76, 82, 90, 98,
102, 106, 113, 121, 134, 142,

154, 163, 175, 195.
Reformatory institutions, 129.

lands, 147-
Register of land board, 192.
Registration, 136, 138.
Religion, money for, prohibited,

91.
Rent of school lands, 146.
Representatives in Congress, 97,

140, 241.
Requisition, 130.
Reserves, forest, 155, i59-
Reservoirs, 158. .

Restoration of citizenship, 81.
Restriction upon legislation, 71.
Revenue, 103, 227.
Rhodes' scholarship, 95.
Rights, 99.
Rulers over Wyoming, 20.

Sacajawea, 35.
Salaries, 225.

of judges, 75.
Sale of State lands, 114.
Saloons, 190.
Scale, 178.

Schedule, 64, (£, 233.
School age, 92.
School boards, 149.

children, 105.

districts, T48.

government, 164.

elections, 149.

funds, 105.

lands, 114, 146.

Land Commissioners, 114.

laws, 144.

money, 151.

sections of land, 144.

of Mines, 152, 221.

of Music, 152.
Scratched ticket, 14.
Secretary of Agriculture, 179.

of State, ^T, 107, 108.
Sectarian schools, money for, pro-
hibited, 91.
Section of land, 145.

16 and 36, 144, 145.
Senate, 69.
Senators, United States, 56, 75.

Wyoming, 20.
Sheep, 178.

Commissioners, 178.
Sheridan County, 51, 70, 169.
SheriflF, County, 171.
Shoshones, 47.

Shoshone Reservoir, 158, 159.
Signers of Constitution, 237.
Smallpox, 189.
Soldiers and Sailors' Home, lands,

147.
Soldiers, Spanish War, 119.
South Pass, 39, 40, 42.
Spanish rule, 16, '2^.

War, 119.
Speaker of the House, yz.
Special sessions of legislature, 78.
State Boards, no.

Capitol Building Commission,

no.
Charities and Reforms, no, 192.
Condemnation of sale of useless
State property, no.

Control, 156.

Equalization, 104, no.

Examiners for Teachers, 150.

Health, 80, 188.

Health and Medical Examiners,

190.
Land Commissioners, no, 114,

158.

INDEX

249

State Board of School Land Com-
missioners, no, 114.

Water Control, 80.

Buildings, 114, 120, 220, 238.

Chemist, 189.

Constitutions, divisions of, 64.

Engineer, 80, in, n6, 155.

Examiner, 80, no, 176.

Finances, 103.

Game Warden, 185.

Geologist, 80, III, 222.

Government, 176.

Holidays, 152.

Librarian, 80.
Statehood, 52.
State Inspector of Mines, 80, in.

institutions, lands, 147.

lands, 114.
not taxed, 115.

land, price of, 146.

Law Library, 180.

militia, 229.

of Wyoming, 53, 64.

officers, 80, 107, 242.

revenue, 227.

Superintendent of Public In-
struction, 151.

Veterinarian, 80.
Stenographer, 87.

court, 84.
Stock, 177.

Commissioner, 80. 177.

raising, 51.
Stuart, Robert, 39, 41.
Suffrage, 214.

woman's, 48.
Superintendent of, —

County Schools, 149.

Fish Hatcheries, 80.

Public Instruction, 92, 107, 109.

Schools, 172.
Supreme Court, 83, 128, 240.

Judges, election- oi, 140.
salary, 75.

sessions, 84.
Suoreme law of State, 60.

United States, 84.

Wyoming, 84.
Surveyor, County, 171.
Sweetwater County, 50, 51, 169.

Taxation, 227.

property exempt, 103.
Taxes, 103, 193.

limited, 104.

poll, 104.

power to levy, 103.
Teachers' certificates, 150.

examinations, 150.

examination questions, 122.

institutes, 150.
Territory organized, 44.

to State, 42, 234.

of Wyominjg, 42.
Texas, 25, 29.

annexation, 11, 25.
Text-books free, 92, 152.
Thanksgiving Day, a holiday, 153.
Tickets, voting, 140.
Timber Act, 159.
Tobacco, 190.
Torrey Cavalry, 119.
Town meeting, 135.

government, 164.
Township, 144, 145.
Transfer of territory to State, 234.
Treason, 99.
Treasurer, City, 167.

County, 171.

State, 107, 109.
Treaty with Indians, 45,
Trial by jury, 129.
Trustees, Historical Society, 81.

schools, 80, 149.

University, 95.

Uinta County, 51, 70, 169.
Unconstitutional law, 84.
Union Pacific Railway, 43, 44.
United States, —

land offices, 146.

Representatives, 241.

Senators, 56, 75, 241.

Supreme Court, 128.
University, 95, 120, 147, 148, 151,
152, 219.

graduates, 150.

lands, 146.

Trustees, 151, 189.
Unwritten constitutions, 64.

250

INDEX

Vacancies in office, 112.
Verdict, 129.

Verendrye, De la, 38, 41.
Veterinarian, 177.
Venue, 132.
Veto power, 79.
Voting, 96, 135-

Warden, Game, 185.
Warren, Francis E., 56.
Washakie, Chief, 46, 47.
Washington's Birthday, a holiday,

152.
Water, 114, 155.

appropriation, 116.

constitutional enactment, 116.

prior appropriation, 116.

property of State, 116, 220.

Weights and measures, 180.
Weston County, 51, 70, 169.
Whitman and Parker, 40.
Wild animals, 179.

game, 188.
Wind River Reservation, 45.
Woman suffrage, 48, 96, 137.
Women, prohibited from work in

mines, 116.
Wyoming Development Co., 159.
Wyoming Historical Society, 182.
Wyoming, meaning of, 43.
Wyoming National Guards, 118.
Wyoming, a State, 53, 55.

Yellowstone National Park,

193.
forest reserve, 159.

37.

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